(Download) "People State New York Ex Rel. Joseph Sacconanno v. Francis D. Shaw" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: People State New York Ex Rel. Joseph Sacconanno v. Francis D. Shaw
- Author : Supreme Court of New York
- Release Date : January 24, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
[4 A.D.2d 817 Page 817] This is an appeal from an order of the Supreme Court at Special Term dismissing a writ of habeas corpus. There is no factual
dispute. Appellant was sentenced by the County Court of Bronx County, New York, on May 29, 1956, to Elmira Reformatory upon
a guilty plea to the crime of burglary in the third degree. His maximum term would be five years. In the commitment the sentencing
court added: "The Court recommends that the defendant be given psychiatric treatment." Subsequently, upon the certificate
of a psychiatrist that in his opinion appellant was insane, the Superintendent of Elmira Reformatory caused the prisoner to
be transferred to Dannemora State Hospital. Concededly appellant's term of confinement has not expired. He does not seek complete
release, he seeks only that he be returned to Elmira Reformatory because he contends that he is not insane. Traditionally
the purpose of a writ of habeas corpus is to determine the legal cause of detention, not the place of detention. It is without
dispute that appellant was originally committed by virtue of a final judgment of a competent tribunal. He does not question
the legality of the original commitment. Under subdivision 2 of section 1231 of the Civil Practice Act, he was not entitled
to the writ in the first place. The record clearly shows that the Trial Justice who granted the writ, and later dismissed
it, recognized this, and issued the writ out of graciousness because appellant's counsel wanted an opportunity to have the
existing case law re-examined, with perhaps a different result. The question of the place of confinement is not an open question
in this court, once a valid commitment [4 A.D.2d 817 Page 818]
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