Appellate Division of the Supreme Court of New York, 1975

People ex rel. Lawson v. Casscles

People ex rel. Lawson v. Casscles
Appellate Division of the Supreme Court of New York · Decided January 9, 1975
47 A.D.2d 574; 1975 N.Y. App. Div. LEXIS 8660
People ex rel. Lawson v. Casscles

Opinion of the Court

Application, pursuant to CPLR 7002 (subd. [b], par. 2), for writ of habeas corpus, denied for legal insufficiency. Petitioner’s discharge from the care and custody of the Drug Abuse Control Commission was authorized by statute (Mental Health Law, § 81.31). Accordingly, there was no unlawful interruption of his 1973 sentence (People v. Taylor, 30 N Y 2d 899). Petitioner’s other contentions as to the illegality of his present detention are likewise without merit. Herlihy, P. J., Greenblott, Sweeney, Kane and Main, JJ., concur.

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