People ex rel. Fitzgerald v. Casscles

No opinion. Rabin, Munder and Benjamin, JJ., concur; Christ, P. J., and Hopkins, J., dissent and vote to reverse the judgment and to remand the proceeding to the Special Term, with direction (1) to join or permit joinder of such party or parties as may be necessary to effect correction of the commitment papers and (2) to grant credit to relator for the period December 6, 1966 to January 22, 1967, in accordance with the following memorandum: During the stated period, relator was actually confined in the Kings Park State Hospital as a mental patient, following his arrest for the crime for which…