People ex rel. Curtis v. Kidney
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Marquis Curtis, from an order of the County Court of Cayuga county, entered in the office of the clerk of said county on the 8th day of April, 1918, dismissing the writ of habeas corpus herein and remanding the relator to custody.
1Per curiam
Appellant is confined in the Auburn State Prison. He sued out a writ of habeas corpus, which after hearing before the county judge was dismissed and appellant remanded to the custody of the warden.
His contention was that his sentence by the County Court of Kings county May 18, 1908, for a term of nine years and ten months on his conviction for violation of section 508 of the then Penal Code (now Penal Law, § 408) in having possession of burglar’s instruments, charged as a second offense, was illegal and that a seven-year term was the extreme limit authorized by statute.
Assuming appellant to…
2Cited by3 opinions
- People ex rel. Melick v. JenningsNew York Supreme Court · 1928
- People ex rel. Curtis v. JenningsNew York Supreme Court · 1925
- People ex rel. Sabatina v. JenningsNew York Supreme Court · 1919