People ex rel. Bedell v. Foster
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, George W. Bedell, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Massau on the . 8th day of January, 1909, dismissing writs of habeas corpus and certiorari.
1Opinion of the Court
Rich, J.:
Appellant is detained in the penitentiary of the county of New York under a sentence for one year upon a judgment of conviction for grand larceny in the second degree. He avers that he is imprisoned illegally in that the sentence pronounced against him is contrary to law; that the court was without jurisdiction to try him, and that the warrant or order under which he is imprisoned does not conform to the judgment of conviction.
The first contention is based upon the assumption that it was obligatory upon the court to sentence him to imprisonment in a State prison under the provisions…
2Cases cited2 opinions
- People Ex Rel. Trainor v. BakerNew York Court of Appeals · 1882
- People ex rel. Dauchy v. PittsAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- People ex rel. Morrison v. PollackAppellate Division of the Supreme Court of the State of New York · 1942
- People ex rel. Harris v. LindsayAppellate Division of the Supreme Court of the State of New York · 1964
- People ex rel. Quinn v. SchlethAppellate Division of the Supreme Court of the State of New York · 1917
- People v. Cooper, New York County Courts1936