Majority
p. 958The People of the State of New York ex rel. Laurence Carroll, Relator, v. Ross E. Herold, as Superintendent of Dannemora State Hospital, Respondent.
Application to renew petition for writ of habeas corpus granted, and upon such renewal the court adheres to its prior decision ( 27 A D 2d 687 ). Since petitioner’s term of imprisonment has not expired, his detention at the hospital is not subject to review by habeas corpus (People ex rel. Conover v. Herold, 24 A D 2d 773 , mot. for lv. to app. den. 16 N Y 2d 488 ), People ex rel. Brown v. Johnston ( 9 N Y 2d 482 ) is not to the contrary, the statute involved having since been amended to afford petitioner a hearing upon the question of his sanity (L. 1962, ch. 393). Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.
Cases cited
- People ex rel. Brown v. Johnston 9 N Y 2d 482 p. 958