PEOPLE v. O'ROURKE


22 A.D.2d 734 (1964)

The People of the State of New York, Respondent, v. Michael J. O'Rourke, Appellant

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

October 28, 1964


Per Curiam.

The defendant claims that he was legally insane at the time of his plea and, in support of his claim, he alleges that, shortly after his commitment, he was found to be insane and transferred to Dannemora State Hospital. The allegations of the petition were not denied but it was contended that, in the absence of proof of insanity at the time of plea and sentence, a hearing was not required. On this state of the record the defendant is entitled to...

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