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PEO (ARDITO) v. TRUJILLO

109 Misc.2d 1009 (1981)

The People of the State of New York ex rel. Frances V. Ardito, Petitioner, v. Manuel Trujillo, as Director of South Beach Psychiatric Center, Respondent.

Supreme Court, Richmond County.

July 7, 1981

Attorney(s) appearing for the Case

Michael C. Pollina and Anthony I. Giacobbe for petitioner. Francis M. Savastano and James H. Truncell for Mental Health Information Service. Robert Abrams, Attorney-General (John L. Stolfi of counsel), and Patrick Henry, District Attorney (Frances A. Sclafani of counsel), for respondents.

RICHARD GOLDBERG, J.

This is an application for a writ of habeas corpus to obtain a hearing pursuant to Jackson v Indiana (406 U.S. 715). As an indicted person adjudicated incompetent to stand trial, Ardito seeks such a hearing to convert her criminal commitment to civil status. Respondent urges that the relief sought by petitioner is properly available only by notice of motion and not by writ of habeas corpus. Respondent...

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