PEOPLE EX REL. BROWN v. HEROLD


25 A.D.2d 455 (1966)

The People of the State of New York ex rel. Harold E. Brown, Appellant, v. Ross E. Herold, as Director of Dannemora State Hospital, Respondent

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

January 7, 1966


REYNOLDS, J.

Appellant was adjudged insane and committed to Dannemora State Hospital pursuant to section 383 of the Correction Law. Appellant asserts, however, that such commitment was illegal because he was not accorded a hearing prior to transfer. Under subdivision 3 of section 383 there is no requirement of a hearing unless a demand is made for one. The record clearly discloses that appellant was given due notice of the Warden's application for commitment...

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