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PEOPLE EX REL. VISCHI v. MARTIN

8 N.Y.2d 63 (1960)

The People of the State of New York ex rel. Frank Vischi, Appellant, v. Walter B. Martin, as Warden of Attica Prison, Respondent.

Court of Appeals of the State of New York.

Decided May 26, 1960.

Attorney(s) appearing for the Case

Charles F. Crimi for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Paxton Blair of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

FULD, J.

Whether or not a commitment to a state institution for mental defectives, in accordance with section 438 of the Correction Law, constitutes a judgment under the Code of Criminal Procedure is the primary question presented by this appeal.

In February of 1935, shortly after entry of a plea of guilty to the crime of grand larceny and following a proceeding

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