PEOPLE EX REL. QUINONES v. JOHNSTON


11 N.Y.2d 777 (1962)

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

Court of Appeals of the State of New York.

Decided March 1, 1962.


Attorney(s) appearing for the Case

James M. Conboy for appellant.

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

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.


Order reversed and matter remitted to Special Term for further proceedings in accordance with the following memorandum: The order appealed from should be reversed for the purpose of remanding relator to the trial court for resentencing, in compliance with the Code of Criminal Procedure (§§ 480, 481) and other applicable provisions of law. Under these sections he may show cause, if he be so advised, against the judgment that he is insane and if, in the opinion of...

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