In People ex rel. Ardito v. Trujillo, 441 N.Y.S.2d 348 (Sup Ct Richmond Co 1981) the court allowed the use of a habeas writ as the vehicle by which petitioner sought to compel the state to give him a Jackson hearing, to convert her criminal detention as incompetent to stand trial, to a civil commitment. See Jackson v. Indiana, 406 U.S. 715. Ardito involves a necessary argument, under the holding in Jackson, that a person may not be detained indefinitely in the context of a pending criminal case, without a hearing and findings as to the appropriateness of a civil commitment and eventual dismissal of the criminal case without a trial. Ardito therefore does involve a claim that petitioner is illegally detained in custody, though not imprisoned for a sentence.