People ex rel. Sacconanno v. Shaw

This is an appeal from an order of the Supreme Court at Special Term dismissing a writ of habeas corpus. There is no factual dispute. Appellant was sentenced by the County Court of Bronx County, Hew York, on May 29, 1956, to Elmira Reformatory upon a guilty plea to the crime of burglary in the third degree. His maximum term would be five years. In the commitment the sentencing court added: “The Court recommends that the defendant be given psychiatric treatment.” Subsequently, upon the certificate of a psychiatrist that in his opinion appellant was insane, the Superintendent of Elmira…