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MATTER ERNEST SPENCE v. NARCOTIC ADDICTION CONTROL COMMISSION (10/09/68)

COURT OF APPEALS OF NEW YORK 1968.NY.43033 <http://www.versuslaw.com>; 242 N.E.2d 77; 22 N.Y.2d 910 decided: October 9, 1968. IN THE MATTER OF ERNEST SPENCE, APPELLANT,v.NARCOTIC ADDICTION CONTROL COMMISSION, RESPONDENT Reported below, 30 A.D.2d 810. Ernest Spence, pro se, for motion. Louis J. Lefkowitz, Attorney-General (Robert S. Hammer of counsel), opposed.


Reported below, 30 A.D.2d 810.

So long as appellant's waiver of hearing and consent to commitment stand, there is no issue to be tried by a jury. Appellant, if so advised, may move to vacate such waiver and consent, upon proper grounds, if there be any.

 Disposition

Motion denied.

19681009

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