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SCHANBARGER v. KELLOGG

35 A.D.2d 902 (1970)

Donald Schanbarger, Appellant, v. Robert Kellogg et al., Defendants, and David Garvey et al., Respondents

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

November 30, 1970

In the early morning of April 30, 1968 defendant, Robert Kellogg, State Trooper, arrested appellant in the Town of East Greenbush, County of Rensselaer, and charged him with violation of subdivision 6 of section 240.35 of the Penal Law (loitering). On May 15, 1968 appellant appeared in Justices' Court for trial of the charge, at which time respondent Garvey, an Assistant District Attorney for Rensselaer County made a motion for a psychiatric examination of the appellant which...

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