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PEOPLE EX REL. BROWN v. JOHNSTON

9 N.Y.2d 482 (1961)

The People of the State of New York ex rel. Edward B. Brown, Appellant, v. W. Cecil Johnston, as Director of Dannemora State Hospital, Respondent.

Court of Appeals of the State of New York.

Decided April 27, 1961.

Attorney(s) appearing for the Case

Ephraim London and Jordan Derwin for appellant.

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

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL and VAN VOORHIS concur; Judge FOSTER taking no part.

BURKE, J.

The appellant, a prisoner, validly incarcerated in one prison, seeks a writ of habeas corpus in connection with an allegedly invalid transfer to a State hospital for the insane maintained at another penal institution.

Appellant was sentenced in October of 1952, upon a plea of guilty to rape in the first degree, to hard labor at Attica State Prison for the indeterminate sentence of one day to...

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