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PEOPLE EX REL. CIAVARELLI v. HEROLD

32 A.D.2d 692 (1969)

The People of the State of New York ex rel. Frank Anthony Ciavarelli, 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.

May 16, 1969

HERLIHY, J. P.

Special Term dismissed the petition "without prejudice to a renewal of this motion if and when the petitioner is certified as sane". (Citations omitted.) In the case of People v. Booth (17 N.Y.2d 681, 682) the court denied a writ of error coram nobis until the petitioner's sanity was restored. It appears that the Booth case prevents the...

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