GOMEZ v. MILLER

No. 71 Civ. 2411.

337 F.Supp. 386 (1971)

Luis GOMEZ et al., Plaintiffs, v. Alan D. MILLER, Commissioner of Mental Hygiene of the State of New York, et al., Defendants.

United States District Court, S. D. New York.

December 7, 1971.


Attorney(s) appearing for the Case

Kristin Booth Glen, Bill of Rights Foundation, New York City, for plaintiffs; Nancy Stearns, National Lawyers Guild, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of New York, New York City, for defendants; Samuel A. Hirshowitz, Brenda Soloff, New York City, of counsel.

Bruce J. Ennis, New York City, for The American Civil Liberties Union and New York Civil Liberties Union, amici curiae.


LASKER, District Judge.

Plaintiffs are persons who have been indicted for felonies but not yet tried because they have been found to be incompetent to stand trial and confined1 to Matteawan State Hospital under the provisions of § 662-b of the New York Code of Criminal Procedure (CCP). They bring this civil rights class action to declare the statute and its successor, art. 730 of the Criminal Procedure Law (CPL), McKinney's Consol...

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