People ex rel. Garofola v. Warden of Rikers Island

The relator was convicted by a City Magistrate of three violations of section U41-4.0 of the Administrative Code of the City of New York (the Sharkey Law). On each conviction he was fined $50 or, in default of payment, imprisonment not to exceed five days in the city prison. On one conviction he also received a prison sentence of five days. The penalty provided in the Administrative Code for a violation, such as was here charged, is a fine not exceeding $100, or imprisonment for a term not to exceed thirty days, or both.

In this habeas corpus proceeding the relator contends that his…