PEO. EX REL. BRINTHAUPT v. DUHL


68 Misc.2d 391 (1971)

The People of the State of New York ex rel. John Brinthaupt, Relator, v. Frederick C. Duhl, Respondent.

Supreme Court, Chemung County.

December 14, 1971


Attorney(s) appearing for the Case

Robert L. Miller for relator. Louis J. Lefkowitz, Attorney-General, for respondent.


PAUL J. YESAWICH, JR., J.

By this writ of habeas corpus relator challenges the constitutionality of certain sections of article 9 of the Mental Hygiene Law. He was arrested and charged with selling and possessing dangerous drugs. Medical examinations and tests conducted upon him verified that he was a narcotic addict within the meaning of the Mental Hygiene Law (§ 201). He sought, but failed to obtain, civil certification to the custody of the Narcotic...

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