Iorio v. State

— Appeal from an order of the Court of Claims, entered December 30, 1977, which denied a motion to dismiss the claim. On September 1, 1976 claimant John S. Gruttadaurio, then a patient at the Wassaic State School, was accused of knowingly and intentionally engaging in deviate sexual intercourse by use of force. The police took him into custody on that date, and by an order of commitment signed by the Judge of the Town of Amenia Justice Court, claimant was held for further action in the local Justice Court. On September 30,1976 the *683Dutchess County Grand Jury indicted claimant, charging him…