People ex rel. Borowiak v. Hunt
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Leo Borowiak, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 28th day of January, 1913, dismissing a writ of habeas corpus, and remanding relator to custody.
1Opinion of the Court
Robson, J.:
The relator was convicted in the City Court of Buffalo, sitting as a Court of Special Sessions, of the crime of petit larceny. He was thereupon sentenced to be confined in the Erie County Penitentiary for a term of 240 days. It is claimed by the relator that the sentence exceeded that which the City Court, sitting as a Court of Special Sessions, could within constitutional limitations be given the power to impose, and was for that reason void.
The crime of which defendant was convicted was a misdemeanor (Penal Law, §1299); and in the first instance was within the exclusive…
2Cases cited2 opinions
- People Ex Rel. Comaford v. . DutcherNew York Court of Appeals · 1880
- People Ex Rel. Murray v. Justices of Court of Special Sessions of PeaceNew York Court of Appeals · 1878
3Cited by8 opinions
- Thompson v. StateCourt of Appeals of Maryland · 1976
- People v. MosesCriminal Court of the City of New York · 1968
- People v. ClearyUtica City Court · 1943
- People v. AptakerNew York Court of Special Session · 1941
- People v. Cilberg, New York County Courts1932
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