People ex rel. Quinn v. Schleth
Appellate Division of the Supreme Court of the State of New York
Appeal by the People of the State of New York‘from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of September, 1917, sustaining a writ of habeas corpus and discharging the relator from the custody of the warden of the penitentiary and remanding him to the city prison, to be resentenced by the Court of General Sessions to a State prison.
1Opinion of the Court
Davis, J.:
The relator was indicted in the Court of General Sessions for grand larceny in the second degree as a first offense, although he had previously been confined in a State prison for "felony. Grand larceny in the second degree is punishable by imprisonment for a term not to exceed five years. (Penal Law, § 1297.) Relator pleaded guilty to an attempt to commit grand larceny in the second degree, an offense punishable by imprisonment for not more than half the longest term prescribed upon a *320conviction for the commission of the offense attempted. (Penal Law, § 261.)
Under this plea,…
2Cases cited1 opinion
- People ex rel. Bedell v. FosterAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- People ex rel. Ackers v. BrophyAppellate Division of the Supreme Court of the State of New York · 1939
- People ex rel. Tulp v. McCannAppellate Division of the Supreme Court of the State of New York · 1923