Legal Opinion

People ex rel. Gately v. Sage

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1897PublishedCited by 19 opinions

Appeal by the People of the State of Yew York from a final order of the County Court of Westchester county, entered in the office of the clerk of the county of Westchester on the 12th day of August, 1896, discharging the relator from imprisonment in Sing Sing prison, made on a writ of habeas corpus.

1Opinion of the Court

Cullen, J.:

On the 30th day of December, 1892, on a conviction, for assault in the second degree, in the Court of Sessions in Kings county, the relator was sentenced to be imprisoned in the State prison at Sing Sing for the term of five years and to pay a fine of $730, and in default of the payment of said fipe, it was adjudged that he be further imprisoned in said State prison until said fine be paid, not exceeding 730 days, in addition to said term of five years. By allowance for good conduct, the relator’s term of imprisonment was reduced so that it expired on the 30th day of July, 1896. He…

2Cases cited2 opinions

  1. Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
  2. Ex parte ArrasCalifornia Supreme Court · 1889

3Cited by19 opinions

  1. In Re AntazoCalifornia Supreme Court · 1970
  2. City of Buffalo v. MurphyAppellate Division of the Supreme Court of the State of New York · 1930
  3. Ex Parte BowesCourt of Criminal Appeals of Oklahoma · 1912
  4. Matter of McKinney v. HamiltonNew York Court of Appeals · 1940
  5. State v. BogueMontana Supreme Court · 1963

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