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PEOPLE EX REL. BUTLER v. McNEILL

30 Misc.2d 722 (1961)

The People of the State of New York ex rel. John J. R. Butler, Relator, v. John F. McNeill, as Director of Matteawan State Hospital, Respondent.

Supreme Court, Dutchess County.

September 7, 1961

Attorney(s) appearing for the Case

Arthur A. Snyder for relator. Louis J. Lefkowitz, Attorney-General (Herbert H. Smith and Manuel T. Murcia of counsel), for respondent.

JAMES D. HOPKINS, J.

The issue in this habeas corpus proceeding is whether the relator, now an inmate of Matteawan State Hospital by commitment of the Supreme Court, County of Niagara, dated September 21, 1950, is presently capable of understanding the criminal charge lodged against him, and of conferring with his counsel and making his defense.

The relator was indicted by the May, 1950 Grand Jury of Niagara County for the crime of murder in the...

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