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PEOPLE EX REL. VAN NEWKIRK v. McNEILL

286 A.D. 875 (1955)

The People of the State of New York ex rel. Charles Van Newkirk, Appellant, v. John F. McNeill, as Director of Matteawan State Hospital, Respondent

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

June 20, 1955.

Order dismissing a writ of habeas corpus and remanding appellant to the custody of respondent affirmed, without costs.

The commitment, made pursuant to the provisions of sections 658, et seq. of the Code of Criminal Procedure, was valid on its face (People ex rel. Cunningham v. McNeill, 281 App. Div. 845, affd. 306 N.Y. 645, certiorari denied 347 U.S. 908) and appellant failed to sustain the burden of establishing that...

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