Harty v. State
| Decision Date | 01 July 1970 |
| Citation | 27 N.Y.2d 698,314 N.Y.S.2d 14 |
| Parties | , 262 N.E.2d 220 Michael J. HARTY, Appellant, v. STATE of New York, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 29 A.D.2d 243, 287 N.Y.S.2d 306.
Louis J. Lefkowitz, Atty. Gen. (Ruth Kessler Toch, Solicitor Gen., Jeremiah Jochnowitz, Asst. Atty. Gen., of counsel), for respondent.
Claimant brought action against the State for alleged wrongful detention in State prisons from November 19, 1959 to December 19, 1961.
The Court of Claims, Alexander Del Giorno, J., 52 Misc.2d 255, 275 N.Y.S.2d 735, awarded damages to claimant, and the State appealed.
The Appellate Division, Herlihy, J., 29 A.D.2d 243, 287 N.Y.S.2d 306, reversed the judgment and dismissed the claim. The Appellate Division held that though court, which imposed sentence, erred in determining that sentence could or should be imposed, but such error was in the nature of a judicial determination and in no way appeared on face of commitment, State was not liable for wrongful confinement.
The claimant appealed to the Court of Appeals.
Order affirmed, without costs.
To continue reading
Request your trial
-
Nazario v. State
...N.Y.S.2d 278, 773 N.E.2d 1016 [2002]; Harty v. State of New York, 29 A.D.2d 243, 244, 287 N.Y.S.2d 306 [1968], affd. 27 N.Y.2d 698, 314 N.Y.S.2d 14, 262 N.E.2d 220 [1970] ) or parole authorities ( see Nastasi v. State of New York, 275 App.Div. 524, 525-526, 90 N.Y.S.2d 377 [1949], affd. 300......
-
Ifill v. State
...51, 887 N.Y.S.2d 400 [2009], quoting Harty v. State of New York, 29 A.D.2d 243, 244, 287 N.Y.S.2d 306 [1968], affd. 27 N.Y.2d 698, 314 N.Y.S.2d 14, 262 N.E.2d 220 [1970] ). Defendant has the burden of establishing that the detention was privileged (see Hudson v. State of New York, 115 A.D.3......
-
Morgan v. State
...Hospital an accordance with Section 872 of the Code of Criminal Procedure (Harty v. State, 29 A.D.2d 243, 287 N.Y.S.2d 306, aff'd 27 N.Y.2d 698, 314 N.Y.S.2d 14). If, as in this case, too, the original certification by two physicians and a Court of competent jurisdiction, is valid on its fa......
-
Hudson v. State
...69 A.D.3d 46, 51, 887 N.Y.S.2d 400 [2009];Harty v. State of New York, 29 A.D.2d 243, 245, 287 N.Y.S.2d 306 [1968],affd.27 N.Y.2d 698, 314 N.Y.S.2d 14, 262 N.E.2d 220 [1970] ). Here, regardless of the validity of the sentence actually imposed, the asserted ambiguity in the sentence and commi......