PEO. EX REL. MALLIN v. KUH


50 A.D.2d 191 (1975)

The People of the State of New York ex rel. Barry Mallin, on Behalf of Donald Beauchene, Respondent, v. Richard H. Kuh, as District Attorney of The County of New York, Appellant, and Malcolm Wilson, as Governor of The State of New York, Respondent

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

December 4, 1975


Attorney(s) appearing for the Case

Edward Agnew McDonald of counsel (Peter L. Zimroth with him on the brief; Robert M. Morgenthau, District Attorney), for appellant.

Barry Mallin of counsel (Mary McGowan Davis with him on the brief; William E. Hellerstein and William J. Gallagher, attorneys), for petitioner-respondent.

STEVENS, P. J., LUPIANO, TILZER and CAPOZZOLI, JJ., concur.


YESAWICH, J.

After a jury in the State of Maine acquitted respondent Beauchene of the crime of murder by reason of mental disease or defect, he was immediately committed to the Augusta State Hospital, a mental health institution, for care and treatment as required by Maine law (Maine Rev Stat, tit 15, § 103). Three years later, in 1973, following a sanity hearing, the Superior Court in Kennebec County, Maine...

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