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PEOPLE EX REL. GOLDFINGER v. JOHNSTON

53 Misc.2d 949 (1967)

The People of the State of New York ex rel. Sol Goldfinger, Relator, v. W. Cecil Johnston, as Superintendent of Beacon Institution for Defective Delinquents, Respondent.

Supreme Court, Dutchess County.

June 1, 1967

Attorney(s) appearing for the Case

Oscar Meierfeld for relator. Louis J. Lefkowitz, Attorney-General (Albert O. Marston of counsel), for respondent.

JOSEPH F. HAWKINS, J.

The relator brings this writ of habeas corpus to effect his transfer to a "civil mental institution" to the end that further proceedings may be had pursuant to section 124 of the Mental Hygiene Law. As a corollary, a declaratory judgment is sought that section 438 of the Correction Law is unconstitutional.

The relator, on September 5, 1956, pleaded guilty to attempted assault,...

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