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PEOPLE EX REL. WATERS v. HEROLD

34 A.D.2d 600 (1970)

The People of the State of New York ex rel. James Waters, 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.

March 11, 1970

SWEENEY, J.

As no right to a jury trial prior to commitment exists for civilians, relator cannot be deemed to have been deprived of equal protection of the law by a denial of such a trial at that stage of the proceeding (People v. Golindes, 33 A.D.2d 1077). Accordingly, the denial of relator's application for habeas corpus relief was proper. The determination should be affirmed, although without prejudice...

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