People Ex Rel. Sabatino v. Jennings

Cardozo, Ch. J.

The relator is a prisoner in the State Prison at Auburn. More than three years ago, in March, 1924, upon his petition for a writ of habeas corpus, the Supreme Court adjudged that his term had expired, and ordered his discharge. His release being withheld, he sued out another writ in January, 1927, after intermediate applications had been made and denied. Upon the return thereto, the Supreme Court dismissed the petition and remanded him to prison, holding that the first order had been nullified by force of later events. The relator appealed to the Appellate Division of the…