People ex rel. Hernandez v. Johnston

The relator, presently confined in Matteawan State Hospital, in support of his application for a writ of habeas corpus, urges the following: the burden of proof as to petitioner’s continued incompetency is upon the respondent; section 34 of the Mental Hygiene Law permits the patient’s transfer from Matteawan State Hospital, if he is “ reasonably safe to be at large this court’s power to direct the transfer of patients from Matteawan to hospitals supervised by the Department of Mental Hygiene; the disqualification of the psychiatrists of the Matteawan State Hospital to testify as to the…