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PEOPLE STATE NEW YORK EX REL. MARY CATTERSON v. HYMAN S. BARAHAL (06/17/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1968.NY.42147 <http://www.versuslaw.com>; 292 N.Y.S.2d 850; 30 A.D.2d 692 June 17, 1968 THE PEOPLE OF THE STATE OF NEW YORK EX REL. MARY CATTERSON, APPELLANT,v.HYMAN S. BARAHAL, AS ACTING DIRECTOR OF PILGRIM STATE HOSPITAL, RESPONDENT Appeal by relator from a judgment of the Supreme Court, Suffolk County, dated July 24, 1967, which dismissed the writ of habeas corpus herein. Judgment reversed, on the law, without costs, and proceeding remanded to the Special Term (1) for a hearing de novoat which relator shall be represented by assigned counsel and (2) for the appointment of an independent psychiatrist to examine relator and testify at the hearing as to her condition. ( People ex rel. Rogers v. Stanley, 17 N.Y.2d 256, 259; Matter of Patterson, 50 Misc. 2d 730, 732; Judiciary Law, § 35, subds. 1, 3.) Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.


Appeal by relator from a judgment of the Supreme Court, Suffolk County, dated July 24, 1967, which dismissed the writ of habeas corpus herein. Judgment reversed, on the law, without costs, and proceeding remanded to the Special Term (1) for a hearing de novoat which relator shall be represented by assigned counsel and (2) for the appointment of an independent psychiatrist to examine relator and testify at the hearing as to her condition. ( People ex rel. Rogers v. Stanley, Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.

Findings of fact below, if any, have not been affirmed.

19680617

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