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PEOPLE (LEONARD HH.) v. NIXON

148 A.D.2d 75 (1989)

The People of the State of New York ex rel. Leonard Hh., Appellant, v. Jesse Nixon, as Director of Capital District Psychiatric Center, Respondent

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

July 6, 1989

Attorney(s) appearing for the Case

James T. Donnelly (Sheila E. Shea of counsel), for appellant.

Robert Abrams, Attorney-General (Richard J. Dorsey of counsel), for respondent.

MAHONEY, P. J., YESAWICH, JR., and MERCURE, JJ., concur with LEVINE, J.; CASEY, J., dissents and votes to affirm in an opinion.

LEVINE, J.

Petitioner brought the instant application for a writ of habeas corpus to challenge the legality of his involuntary confinement at the State's Capital District Psychiatric Center (hereinafter CDPC) in Albany County commencing March 18, 1988. He was originally admitted to CDPC November 23, 1987 on a "final order of observation" granted by the City of Schenectady Police Court (CPL 730.40), apparently...

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