People ex rel. Candella v. Director of Marcy Psychiatric Center

The relator seeks his release by habeas corpus from the custody of the Marcy Psychiatric Center to which he voluntarily committed himself as a condition of probation. Section 65.10 (subd 2, par [d]) of the Penal Law permits as a condition of probation that a defendant may be *45required to "[u]ndergo available medical or psychiatric treatment and remain in a specified institution, when required for that purpose”. This application poses the question whether the form of the confinement under such a condition, and consequently the duration of confinement, can be permitted even though in…