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PEOPLE v. GARDNER

9 Misc.2d 179 (1958)

The People of the State of New York, Plaintiff, v. James M. Gardner, Defendant.

County Court, Kings County.

January 15, 1958.

Attorney(s) appearing for the Case

Mortimer May, Jack Vogel, Sam Goldstein and Salvatore Alfano for defendant.

Edward S. Silver, District Attorney (Thomas D. Selzer of counsel), for plaintiff.

HYMAN BARSHAY, J.

The defendant was indicted for murder in the first degree and on September 24, 1957, he pleaded guilty to manslaughter in the first degree, unarmed. He was remanded to the city prison pending sentence. While there, his conduct was such that the warden sought and obtained an order transferring him to the Kings County Hospital, psychiatric division, for examination. The order was dated October 15, 1957. Upon

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