MATTER OF SPENCE v. NARCOTIC ADDICTION CONTROL COMM'N


30 A.D.2d 810 (1968)

In the Matter of Ernest Spence, Appellant, v. Narcotic Addiction Control Commission, Respondent

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

July 1, 1968


Affirmed, without costs.

In our opinion, a jury review of an order of certification, pursuant to subdivision 7 of section 206 of the Mental Hygiene Law, is unavailable to a certified addict who, when brought before the court upon a petition made by someone other than himself, has voluntarily and knowingly waived his right to a hearing, admitted his addiction and consented to certification and commitment. In such a case, the addict has placed himself in the same position...

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