People ex rel. Guariglia v. Foster

Memorandum: The relator contends that, when in 1931 he was sentenced to Elmira Reformatory “ there to be dealt with according to law ”, after having been convicted of the crime of robbery, first degree, he was given an indeterminate sentence the maximum of which was fifteen years. Having now served more than fifteen years, he contends that he is entitled to his freedom. At the time the relator was sentenced, it was provided that robbery in the first degree was punishable by imprisonment for a term of not less than fifteen years. (Penal Law, § 2125; L. 1926, eh. 436.) It was further provided…