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PEO EX REL OVERTON v. PSY CTR

99 Misc.2d 1116 (1979)

The People of the State of New York ex rel. Winston Overton, Petitioner, v. Director of the Central New York Psychiatric Center, Respondent.

Supreme Court, Oneida County.

January 25, 1979

Attorney(s) appearing for the Case

Harris Samuels for petitioner. Robert Abrams, Attorney-General (Richard J. Freshour of counsel), for respondent.

EDWARD F. McLAUGHLIN, J.

This is a habeas corpus proceeding initiated by the petitioner pursuant to CPLR article 70 on January 11, 1979, and argued on January 18, 1979. At issue is the constitutionality of newly enacted subdivision 9 of section 402 of the Correction Law which provides an emergency procedure for a temporary administrative transfer of certain allegedly mentally ill prisoners from a correctional...

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