People ex rel. Outlaw v. Murphy

• Decision Date: 14 November 1968
• Parties: The PEOPLE of the State of New York et rel. Richie OUTLAW, Appellant, v. Henry T. MURPHY, as Director of Woodbourne Rehabilitation Center, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 762

294 N.Y.S.2d 762

31 A.D.2d 569

The PEOPLE of the State of New York et rel. Richie OUTLAW, Appellant, v. Henry T. MURPHY, as Director of Woodbourne Rehabilitation

Center, Respondent.

Supreme Court, Appellate Division, Third Department.

Nov. 14, 1968.

S. Richard Gross, Liberty, for appellant.

Louis J. Lefkowitz, Atty. Gen., Malcolm S. Goddard, Albany, for respondent.

Before GIBSON, P.J., and REYNOLDS, AULISI, STALEY and GABRIELLI, JJ.

MEMORANDUM DECISION.

Judgment of the Supreme Court dismissing a writ of habeas corpus, after a hearing, affirmed, without costs.

Special Term correctly found that relator had shown no violation of any constitutional or statutory right, that his commitment was voluntary and that the rehabilitation center to which he was committed was not, in fact, a correctional institution. (People ex rel. Gordon v. Murphy, 30 A.D.2d 358, 293 N.Y.S.2d 567; affg. 55 Misc.2d 275, 285 N.Y.S.2d 198; People ex rel. Rivera v. Murphy, 30 A.D.2d 900, 293 N.Y.S.2d 570; Schmerber v. State of California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908.) Relator was in custody upon a charge of crime and Matter of James, 22 N.Y.2d 545, 293 N.Y.S.2d 531, 240 N.E.2d 29, is not in point. Relator's additional contentions are also without merit.