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PEOPLE EX REL. BRUNSON v. JOHNSTON

15 N.Y.2d 647 (1964)

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

Court of Appeals of the State of New York.

Decided December 3, 1964.

Attorney(s) appearing for the Case

Robert F. Doran 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, VAN VOORHIS, BURKE and SCILEPPI. Taking no part: Judge BERGAN.

Order affirmed in a memorandum. Section 384 of the Correction Law, based, as it is, on a reasonable classification, does not violate the equal protection clause of the Federal Constitution. (People ex rel. Kamisaroff v. Johnston, 13 N.Y.2d 66, 71.) If relator seeks his discharge on the ground that he has sufficiently recovered to be released from Dannemora State Hospital, his remedy is by application to the Commissioner of Mental...

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