PEOPLE EX REL. HOMENTOWSKI v. JOHNSTON


20 A.D.2d 710 (1964)

The People of the State of New York ex rel. Teofil Homentowski, on Behalf of Michael L. Chomentowski, Appellant, v. W. Cecil Johnston, as Superintendent of Matteawan State Hospital, Respondent

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

February 3, 1964


Order affirmed.

Michael was in the custody of the respondent by virtue of an order of commitment issued by the County Court, Onondaga County. That court was duly vested with the jurisdiction to make such commitment order. The relator's claim of lack of knowledge of the criminal charge by reason of the fact that the indictment had been sealed is untenable. The record discloses that when a prior writ was sustained in the early part of 1957, Michael was remanded to the...

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