446 - Habeas corpus. - New York Statutes

§ 446. Habeas corpus. At the hearing on the return of a writ of habeas corpus, if any, lawfully granted, under which the delivery from custody of an inmate of such institution is sought, and where the fact of his mental defectiveness is material to the inquiry, the history of the inmate as it appears in the case records may be given in evidence, and the superintendent of the institution, or any other proper person, may be sworn touching the mental condition of such person. Where a second or subsequent application is made for the delivery from custody of such inmate, any party to the proceeding may introduce in evidence any testimony in relation to the mental condition of such inmate received upon any former hearing or trial, together with all the exhibits introduced in evidence upon such hearing or trial in connection with such testimony without calling the witnesses who gave such testimony; such evidence to have the same force and effect as if such witnesses had been called.