People ex rel. Kaganovitch v. Wilkins

In this appeal from a dismissal of his application for a writ of habeas corpus relator’s petition urges three grounds. The claim that the indictment was defective in that it charged him with .assault, second degree, with intent to commit the crime of sodomy, which was a misdemeanor rather than a felony, has no merit. We view the other matters in his. petition, relating to the failure of the sentencing court to have had submitted to it for its consideration a psychiatric report in compliance with section 2189-a of the Penal Law, and the failure of the penal institutions in which he has been…