People v. Collins
| Decision Date | 04 May 1960 |
| Citation | 200 N.Y.S.2d 919 |
| Parties | PEOPLE of the State of New York, Respondents, v. Speed Louis COLLINS, Petitioner. |
| Court | New York County Court |
Morris Marshall Cohn, Dist. Atty., County of Schenectady, Schenectady, James H. Gould, Asst. Dist. Atty., Schenectady, of counsel, for the People.
Speed L. Collins, in pro. per.
An examination of the record reveals that the defendant herein was examined at Utica State Hospital prior to arraignment on a charge of Burglary Third Degree and Petit Larceny. The report of the examiners found the defendant to be sane and capable of understanding the charges against him. The report was confirmed. Thereupon the defendant was arraigned, pled guilty and was sentenced. The defendant was represented by counsel at all stages of the proceeding. The defendant was sentenced on November 22, 1955, to Clinton Prison for an indeterminate sentence, the minimum of which was to be not less than five years and the maximum not more than ten years. The defendant contends in his application that shortly after his arrival at Clinton Prison he was declared insane and transferred to Dannemora State Hospital. Apparently he continues as an inmate there and was denied consideration for parole in 1959.
After sentencing and commitment the custody and responsibility for the defendant was in the hands of the Department of Correction of the State of New York. Under the Correction Law the Commissioner of Correction had power to transfer the defendant to such institution as he might direct. This court has no statutory authority to question or vary the wisdom or legality of such decisions of the Commissioner. The sentence herein appears to be valid in every respect and the commitment thereon proper likewise.
The application herein for a Writ of Error Coram Nobis is denied. Enter order accordingly.
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...e. g., 18 U.S.C. § 4082(b); N.Y. Correction Law § 6-a; Mullican v. United States, 252 F.2d 398, 403 (5th Cir. 1958); People v. Collins, 200 N.Y.S.2d 919 (County Ct.1960). ...
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