People v. Arendes

Must a criminal defendant who has been denied conversion to civil patient status (Jackson v Indiana, 406 US 715) be given a de novo hearing pursuant to section 31.35 of the Mental Hygiene Law in order to protect his right to equal protection of the law under the Fourteenth Amendment of the United States Constitution? The facts which give rise to this issue are as follows.

Defendant Arthur Arendes was indicted for murder in the first degree on May 14, 1964 (Former Penal Law, § 1044). He was hospitalized as incompetent to stand trial at Matteawan State Hospital and remained there until his…