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PEOPLE v. APONTE

28 N.Y.2d 343 (1971)

The People of the State of New York, Respondent, v. Felix Aponte, Appellant. The People of the State of New York, Respondent, v. James Waters, Appellant. The People of the State of New York ex rel. Stephen Conover, Appellant, v. Ross E. Herold, as Director of Dannemora State Hospital, Respondent.

Court of Appeals of the State of New York.

Decided April 21, 1971.

Attorney(s) appearing for the Case

William A. Nelson and Milton Adler for Felix Aponte, appellant.

Frank S. Hogan, District Attorney of New York County (Bennett L. Gershman, David Otis Fuller, Jr. and Michael R. Juviler of counsel), for respondent.

Matthew Muraskin, James J. McDonough and Donald Farinacci for James Waters, appellant.

William Cahn, District Attorney of Nassau County (Henry P. DeVine of counsel), for respondent.

Harry P. Meislahn for Stephen Conover, appellant.

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Ruth Kessler Toch of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.

GIBSON, J.

These cases present the question whether a prisoner who has been certified to Dannemora State Hospital as mentally ill may resort to one or another of the postconviction remedies to test the validity of the underlying criminal conviction.

The appeals focus upon People v. Booth (17 N.Y.2d 681) in which we sustained a Supreme Court order which had denied...

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