PEOPLE EX REL. ASCENCIO v. WARDEN


28 Misc.2d 460 (1960)

The People of the State of New York ex rel. Mercedes Ascencio, Relator, v. Warden of the Women's House of Detention, Respondent.

Supreme Court, Special Term, New York County.

December 12, 1960


Attorney(s) appearing for the Case

Anthony F. Marra and Alexander Murray for relator. Edward S. Silver, District Attorney (Raymond J. Scanlan of counsel), for respondent.


JACOB MARKOWITZ, J.

The female relator on this writ of habeas corpus was sentenced to the Albion State School, after pleading guilty to a violation of section 145 of the Social Welfare Law. The sentence was based upon the report of the Kings County Hospital, Division of Psychiatry, where she had been committed for medical examination prior to sentence. Although relator's counsel, prior to sentence, had made a request for a hearing at which he could controvert...

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