Legal Opinion
People ex rel. Ward v. McCann
New York Supreme Court
Decided October 15, 1921PublishedCited by 1 opinion
Habeas corpus.
1Opinion of the CourtKapper, J.
Relator, convicted of the crime of assault in the third degree and sentenced to the New York County Penitentiary under and pursuant to the provisions of the Parole Commission Act (Laws of 1915, chap. 579, as amd. by Laws of 1916, chap. 287), and after fifteen months of imprisonment, now seeks his discharge on habeas corpus upon the ground that the maximum imprisonment for his offense is one year (Penal Law, § 245), and that the parole commission is powerless to hold him beyond that period. His contention finds support in People ex rel. Kipnis v. Warden, 116 Misc. Rep. 589, but I am…
2Cases cited5 opinions
- People v. . HavnorNew York Court of Appeals · 1896
- People Ex Rel. Armstrong v. Warden of City PrisonNew York Court of Appeals · 1905
- In re MorganAppellate Division of the Supreme Court of the State of New York · 1906
- People Ex Rel. Cerzosie v. . Warden, Etc.New York Court of Appeals · 1918
- People ex rel. Kipnis v. McCannNew York Supreme Court · 1921
3Cited by1 opinion
- Commissioner of New York v. NelsonAppellate Division of the Supreme Court of the State of New York · 1931