People Ex Rel. Valiant v. . Patton
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 18, 1916, which directed the discharge of the relator upon habeas corpus. The facts, so far as material, are stated in the opinion. The County Court had no power to pronounce a judgment upon the relator after one year had elapsed since judgment was suspended. (Code Crim. Proc., §§ 470a, 483, subd. 4.)
1Opinion of the Court
Hiscock, Ch. J.:
May 11th, 1914, the relator was convicted of a misdemeanor and judgment was rendered as follows: “ Sentence is suspended and the defendant is placed on probation,” etc. In September, 1915, an order was made modifying the conditions of the probation. December 15, 1915, the probation and suspension of sentence were revoked and relator was sentenced to the Albany Penitentiary for one year and to pay a fine. The present writ was sued out and the release of the relator demanded on the ground that at the date when the probation was revoked and the sentence was imposed, the time…
2Cited by10 opinions
- People v. OskrobaNew York Court of Appeals · 1953
- United States Ex Rel. Grossberg v. MulliganCourt of Appeals for the Second Circuit · 1931
- Ex Parte EatonCourt of Criminal Appeals of Oklahoma · 1925
- King v. CommonwealthMassachusetts Supreme Judicial Court · 1923
- People ex rel. Decker v. PageNew York Supreme Court · 1925
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