People ex rel. Traino v. Slattery

The relator Lawrence Traino in his petition for writ of habeas corpus asserts he was illegally sentenced under the Code of Criminal Procedure, section 891-a, to the New York City Penitentiary for a period not to exceed one year when he should have been as of right sentenced under section 120 $>f the New York City Criminal Courts Act (L. 1910, ch. 659) for a definite term not exceeding six months. The relief sought is that he be remanded to the City Magistrate’s Court for proper sentence in accordance with law, i. e., section 120 of the New York City Criminal Courts Act. The complaint is also…