Petitioner has applied for an order pursuant to article 78 of the CPLR prohibiting respondents from trying him on an indictment, dated May 18, 1960, charging him with the crimes of murder in the first degree and assault in the first degree, both relating to an incident which occurred on April 16, 1960. He had been confined to Binghamton State Hospital on April 20, 1960 for examination and observation and...
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