People ex rel. Torres v. Morrow

• Decision Date: 17 October 1968
• Citation: 294 N.Y.S.2d 116,30 A.D.2d 986
• Parties: The PEOPLE of the State of New York ex rel. William TORRES, Appellant, v. James J. MORROW, as Director of Woodbourne Rehabilitation Center, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 116

294 N.Y.S.2d 116

30 A.D.2d 986

The PEOPLE of the State of New York ex rel. William TORRES, Appellant, v. James J. MORROW, as Director of Woodbourne Rehabilitation

Center, Respondent.

Supreme Court, Appellate Division, Third Department.

Oct. 17, 1968.

Stephen L. Oppenheim, Monticello, for appellant.

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

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

REYNOLDS, Justice.

Appeal from a judgment of the Supreme Court, Sullivan County, entered February 2, 1968, which dismissed a writ of habeas corpus.

The trial court found that relator is 'a narcotic addict within the meaning of section 201 of the Mental Hygiene Law and should not be discharged at this time' and we find no reason to disturb this factual determination. As to relator's other contentions, substantially the same arguments raised here were rejected by this court in People ex rel. Gordon v. Murphy (30 A.D.2d 358, 293 N.Y.S.2d 567). (See also People ex rel. Rivera v. Murphy, 30 A.D.2d 900, 293 N.Y.S.2d 570.) Any additional claims raised we find insubstantial.

Judgment affirmed, without costs.

HERLIHY, J.P., and AULISI, STALEY, and GABRIELLI, JJ., concur.