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PEOPLE EX REL. LOPS v. COMM'R, NEW YORK STATE DEP'T OF MENTAL HYGIENE

43 A.D.2d 912 (1973)

The People of the State of New York ex rel. Yves Lops, by Samuel Dawson, Relator, v. Commissioner, New York State Department of Mental Hygiene, Respondent

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

October 4, 1973

It appears that the relator is detained in a State institution located within Orange County (CPLR 7004, subd. [c]). It has recently been held in Jackson v. Indiana (406 U.S. 715, 738): "that a person charged by a State with a criminal offense who is committed solely on account of his incapacity to proceed to trial cannot be held more than the reasonable period of time necessary to determine...

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