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VITELLO v. STATE

39 N.Y.2d 847 (1976)

Alphonse Vitello, Appellant, v. State of New York, Respondent. (Claim No. 50937.)

Court of Appeals of the State of New York.

Decided June 2, 1976.

Attorney(s) appearing for the Case

Bernard Meyerson and George V. O'Haire for appellant.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed. Appellant failed to establish, as is necessary for a recovery, that he was sane at the time of his original commitment to Dannemora State Hospital or that he recovered his sanity at any time during his subsequent 29-year stay. (Dennison v State of New York, 28 A.D.2d 608, affd 23 N.Y.2d 996

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