Legal Opinion

People ex rel. Halle v. Ashworth

New York Supreme Court

Decided January 13, 1944PublishedCited by 6 opinions

1Opinion of the CourtBehjamiu P. Schreiber, J.

This writ of habeas corpus tests whether a parolee, in this case under a life sentence, may be sentenced to an indeterminate term upon conviction of a misdemeanor (Correction Law, §§ 203, 204). It appears that, upon separate misdemeanor convictions, two consecutive indeterminate sentences may not simultaneously be imposed (People ex rel. Gordon v. Ashworth, 290 N. Y. 285), and in consequence it has been held that a parolee under an indeterminate term may not be sentenced, upon another misdemeanor conviction, to another indeterminate term until the expiration of the first such term (People ex…

2Cases cited7 opinions

  1. Avery v. . EverettNew York Court of Appeals · 1888
  2. People v. ThompsonNew York Court of Appeals · 1929
  3. In Re the Will of LindewallNew York Court of Appeals · 1942
  4. People v. FeoloNew York Court of Appeals · 1940
  5. People Ex Rel. Gordon v. AshworthNew York Court of Appeals · 1943

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3Cited by6 opinions

  1. People ex rel. Granza v. JohnstonNew York Supreme Court · 1946
  2. People ex rel. Schurman v. AshworthNew York Supreme Court · 1945
  3. People ex rel. Scott v. McDonnellNew York Supreme Court · 1954
  4. McGinnis v. KrossAppellate Division of the Supreme Court of the State of New York · 1962
  5. People Ex Rel. Kern v. SilberglittNew York Court of Appeals · 1958

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