PEOPLE EX REL. BROWN v. JOHNSTON


16 A.D.2d 988 (1962)

The People of the State of New York ex rel. Howard Brown, 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.

June 21, 1962


It appears that the defendant's attorney moved upon his trial for an examination of the defendant's mental condition, but that such motion was denied and the case went to the jury, which convicted the defendant. Thereafter, when the defendant duly appeared for sentencing he was asked the question pursuant to section 480 of the Code of Criminal Procedure "and his attorney answering in the affirmative, and the court having ruled that there is no legal cause". In essence it...

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