People ex rel. Scott v. McDonnell

This is an application brought on by writ of habeas corpus for the release of the relator on the ground that he was illegally sentenced to an indeterminate penitentiary term pursuant to the so-called Parole Commission Law, article 7-A of the Correction Law. His contention is that the sentencing court by asserting at the time of sentence that he had “ a long record of convictions ” conclusively established that he was not a fit subject for reformation and therefore that he could only be sentenced under the maximum term provisions of the Penal Law. This department has consistently held that…