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PEOPLE EX REL. ROGERS v. STANLEY

17 N.Y.2d 256 (1966)

The People of the State of New York ex rel. Glenn E. Rogers, Jr., Appellant, v. Alfred M. Stanley, as Director of Rockland State Hospital, Respondent.

Court of Appeals of the State of New York.

Decided May 5, 1966.

Attorney(s) appearing for the Case

Herbert Monte Levy for appellant.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.

Allen Harris for New York Civil Liberties Union, amicus curiæ.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS and BURKE concur in MEMORANDUM; Judge KEATING concurs in the result in a separate memorandum; Judge BERGAN dissents and votes to affirm in an opinion in which Judge SCILEPPI concurs.

MEMORANDUM.

Order reversed and the matter remitted to the Supreme Court, Rockland County, for further proceedings in accordance with the following memorandum: In our view, the principle of Baxstrom v. Herold (383 U.S. 107); Gideon v. Wainwright (372 U.S. 335); Douglas v. California (372 U.S. 353); Lane v...

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