People ex rel. Schurman v. Ashworth

On January 19, 1944, upon his plea of guilty to the crime of petit larceny, the relator’s sentence was suspended and he was placed on probation.

On March 7, 1945 the relator was sentenced to the Penitentiary of the City of New York for violation of probation.

The relator contends that, since, when sentenced to the penitentiary, the court referred to him as “ hopeless ”, he was improperly sentenced for an indeterminate term in the penitentiary and should have been sentenced to a fixed term of one year or fined or both. (Penal Law, § 1937.)

Under section 203 of the Correction Law an offender may…