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PEOPLE v. FITZGIBBONS

7 Misc.2d 303 (1957)

The People of the State of New York, Plaintiff, v. Edward Fitzgibbons, Defendant.

Court of General Sessions of County of New York.

August 14, 1957.

Attorney(s) appearing for the Case

Edward Fitzgibbons, defendant in person.

Frank S. Hogan, District Attorney, for plaintiff.

IRWIN D. DAVIDSON, J.

Defendant moves to set aside an indictment for assault in the second degree filed February 11, 1936. On April 16, 1936, Judge WILLIAM ALLEN, then a Judge of the Court of General Sessions, committed the defendant to Matteawan State Hospital on the ground that he was insane. The defendant is still a patient in Matteawan State Hospital.

Pursuant to section 662-b of the Code of Criminal...

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