PEOPLE EX REL. KIRK v. NOBEL


23 Misc.2d 949 (1959)

The People of the State of New York ex rel. Albert Kirk, Relator, v. Henry J. Nobel, as Warden of the Penitentiary of the City of New York, Rikers Island, Respondent.

Supreme Court, Special Term, Bronx County.

December 10, 1959.


Attorney(s) appearing for the Case

Albert Kirk, relator in person.

Daniel V. Sullivan, District Attorney (Milton Altschul of counsel), for respondent.


CHARLES A. LORETO, J.

This is a habeas corpus proceeding in which relator contends that the sentence imposed upon him as a probation violator in July of this year pursuant to article 7-A of the Correction Law lacks validity in that he was an adjudged incompetent at the time of sentencing. He was so adjudged by an order of this court dated March 27, 1953, while a patient at a State hospital. That order is still...

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