PEOPLE EX REL. PASSANTE v. JOHNSTON


13 A.D.2d 869 (1961)

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

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

May 23, 1961


The facts are not in dispute. On November 17, 1946 appellant was sentenced by the County Court of Onondaga County to an indeterminate term, the minimum of which was 30 years and its maximum 60 years, on his conviction after trial of two counts of the crime of robbery in the first degree. His term of confinement has not expired. Upon the certificate of the Clinton Prison psychiatrist, he was transferred to Dannemora State Hospital on April 26, 1955. He contends that the transfer...

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