People ex rel. Gainance v. Platt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lansing I. Platt,'sheriff, from an order of the County Court of the county of Albany, made on the 6th day of September, 1911, discharging and releasing the relator from further confinement in the Albany County Penitentiary upon the return of a writ of habeas corpus. The petition for the writ stated that the cause of the imprisonment was a commitment issued by George W. Stevens, city judge of the City of Eensselaer.
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Appeal by the defendant, Lansing I. Platt,'sheriff, from an order of the County Court of the county of Albany, made on the 6th day of September, 1911, discharging and releasing the relator from further confinement in the Albany County Penitentiary upon the return of a writ of habeas corpus. The petition for the writ stated that the cause of the imprisonment was a commitment issued by George W. Stevens, city judge of the City of Eensselaer. A copy of the certificate of conviction was annexed to the petition) which shows that the relator was charged with petit larceny, and that he “ thereupon…
1Opinion of the Court
Sewell, J.:
The theory of the county judge seems to have been that the judgment was illegal and excessive because it included the provision “ at hard labor.” Section 171 of the Prison Law (Consol. Laws, chap. 43; Laws of 1909, chap. 47) provides *581that ‘ ‘ the superinteiadent of State prisons, the superintendents, managers and officials of all reformatories and penitentiaries in the State, shall, so far as practicable, cause all the prisoners in said institutions, who are physically capable thereof, to be employed at hard labor, -for not to exceed eight hours of each day, other than Sundays and…
2Cases cited1 opinion
- People v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- People Ex Rel. Newman v. FosterNew York Court of Appeals · 1947
- People v. ArnsteinNew York Court of General Session of the Peace · 1912