PEOPLE EX REL. WINTER v. JOHNSTON


10 A.D.2d 656 (1960)

The People of the State of New York ex rel. Joseph P. J. Winter, Appellant, v. W. Cecil Johnston, as Director of Dannemora Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 17, 1960


The appellant on August 20, 1955, was sentenced to an indeterminate term of 1 year, 6 months — 3 years. During his confinement and in November, 1957, he was transferred to the Dannemora State Hospital and in December, 1957 — prior to expiration of maximum term — pursuant to section 384 of the Correction Law, an order of retention was issued by the Clinton County Court. The section provides: "Within thirty days prior to the expiration of the term of a...

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