People ex rel. Vischi v. Martin

Whether or not a commitment to a state institution for mental defectives, in accordance with section 438 of the Correction Law, constitutes a judgment under the Code of Criminal Procedure is the primary question presented by this appeal.

In February of 1935, shortly after entry of a plea of guilty to the crime of grand larceny and following a proceeding *65instituted pursuant to article 17 of the Correction Law (§ 430 et seq.), the relator was certified as a ‘‘ mental defective ’’ and committed to Napanoch. It does not appear from the record that he was present in court at the time of his…