People ex rel. Dudley v. Kelly

Appeal from a judgment of the Supreme Court (Vogt, J.), entered July 3, 1986 in Ulster County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner seeks, by writ of habeas corpus, to be released or given "civil status in a mental institution” on the ground that he was insane at the time of his trial. In 1967, petitioner was convicted of the crime of murder in the first degree and was sentenced to life imprisonment. His conviction was affirmed by the First Department and the Court of Appeals (People v…