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PEOPLE OF STATE OF N. Y. ex rel. WILLIAMS v. N. Y. STATE A. C. COM'N

No. 68 CIV. 1346.

288 F.Supp. 171 (1968)

The PEOPLE OF the STATE OF NEW YORK ex rel. John W. WILLIAMS, Jr., Petitioner, v. The NEW YORK STATE ADDICTION CONTROL COMMISSION, Mr. James Morrow, Director, Respondent.

United States District Court S. D. New York.

June 27, 1968.

Attorney(s) appearing for the Case

John W. Williams, Jr., pro se.

Louis J. Lefkowitz, Atty. Gen., State of New York, Louis E. Cooper, Asst. Atty. Gen., of counsel, for respondent.

MEMORANDUM

TENNEY, District Judge.

This application by petitioner herein for a writ of habeas corpus involves two principal issues: (1) whether petitioner is presently "in custody" for the purpose of habeas corpus jurisdiction assuming the truth of respondent's unsworn allegation that petitioner, after the within application was filed with this Court, absconded from the Bayview Rehabilitation Center where he had been confined pursuant to a civil commitment...

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