PEOPLE EX REL. OUTLAW v. MURPHY


31 A.D.2d 569 (1968)

The People of the State of New York ex rel. Richie Outlaw, Appellant, v. Henry T. Murphy, as Director of Woodbourne Rehabilitation Center, Respondent

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

November 14, 1968


Judgment of the Supreme Court dismissing a writ of habeas corpus, after a hearing, affirmed, without costs.

Special Term correctly found that relator had shown no violation of any constitutional or statutory right, that his commitment was voluntary and that the rehabilitation center to which he was committed was not, in fact, a correctional institution. (People ex rel. Gordon v. Murphy, 30 A.D.2d 358, affg. 55 Misc.2d 275; People ex rel. Rivera v. Murphy, 30 A.D.2d 900; Schmerber v. State of California, 384 U.S. 757.) Relator was in custody upon a charge of crime and Matter of James (22 N.Y.2d 545) is not in point. Relator's additional contentions are also without merit.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases