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PEO EX REL CANDELLA v. MARCY

88 Misc.2d 44 (1976)

The People of the State of New York ex rel. Joseph Philip Candella, Petitioner, v. Director of Marcy Psychiatric Center et al., Respondents.

Supreme Court, Oneida County.

October 18, 1976

Attorney(s) appearing for the Case

C. Louis Abelove for petitioner. Louis J. Lefkowitz, Attorney-General (William G. Kellogg, Jr., of counsel), for Director of Marcy Psychiatric Center and another, respondents. Henry D. Blumberg, District Attorney, for Albert W. Schneider and others, respondents. Richard Enders, District Attorney of Oneida County, respondent pro se.

J. ROBERT LYNCH, J.

The relator seeks his release by habeas corpus from the custody of the Marcy Psychiatric Center to which he voluntarily committed himself as a condition of probation. Section 65.10 (subd 2, par [d]) of the Penal Law permits as a condition of probation that a defendant may be required to "[u]ndergo available medical or psychiatric treatment and remain in a specified institution, when required...

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