Legal Opinion

People ex rel. von Moser v. New York State Parole Board

New York Supreme Court

Decided January 22, 1943PublishedCited by 5 opinions

1Opinion of the CourtBergan, J.

This proceeding challenges the power of the State Board of Parole to detain in custody a prisoner longer than for the minimum term fixed by the Governor in reducing a prison sentence. It requires, also, a construction of the statutory powers of the Governor in reducing prison sentences and imposing conditions attached to the executive act of clemency.

The petitioner was convicted at the Court of General Sessions for the county of New York of attempted forgery, second degree, on February 1, 1938. He was sentenced February 15, 1938, to an indeterminate sentence of five to ten years in prison.

The…

2Cited by5 opinions

  1. Pizza v. LyonsAppellate Division of the Supreme Court of the State of New York · 1951
  2. Hines v. State Board of ParoleNew York Supreme Court · 1943
  3. Malenfont v. HymanAppellate Division of the Supreme Court of the State of New York · 1958
  4. People ex rel. Clemente v. Warden of Auburn PrisonNew York Court of Appeals · 1961
  5. People ex rel. Clemente v. Warden of Auburn PrisonAppellate Division of the Supreme Court of the State of New York · 1960

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