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THE PEOPLE OF THE STATE OF NEW YORK ex rel. THOMAS J. CUNNINGHAM Appellant, against JOHN F. McNEILL, as Superintendent of Matteawan State Hospital, Respondent.

Order of the County Court, Dutchess County, dismissing writ of habeas corpus affirmed, without costs. The order of commitment is valid on its face. This disposition is without prejudice to an application by the relator, if so advised, to vacate and set aside the order of commitment on the ground that he was not represented by counsel at the time that it was made. Carswell, Acting P.J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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PEOPLE EX REL. CUNNINGHAM v. McNEILL
(Feb 16, 1953)