People ex rel. White v. Commissioner of Correction
Appellate Division of the Supreme Court of the State of New York
Appeal by the People of the State of New York from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 2d day of September, 1921, sustaining a writ of habeas corpus and discharging the relator from custody.
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Appeal by the People of the State of New York from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 2d day of September, 1921, sustaining a writ of habeas corpus and discharging the relator from custody. The relator was convicted on August 13, 1920, of the crime of receiving stolen property in the second degree, and, pursuant to chapter 579 of the Laws of 1915, as amended by chapter 287 of the Laws of 1916, known as the Parole Commission Act, was sentenced to an indeterminate term of imprisonment in the New York…
1Opinion of the Court
Blackmar, P. J.:
Only one question was considered in ¿e opinion of the Court of Appeals in People ex rel. Cerzosie v. Warden, etc. (223 N. Y. 307), namely, whether the Parole Commission Law was ex post facto as to the crime of whieh the relator was convicted. *386Yet the decision of the court dismissing the writ and remanding the relator necessarily established the constitutionality of the law and its application to the case before that court. That was a conviction for assault in the third degree, a misdemeanor, the punishment for which is prescribed in the law which created and defined the crime.…
2Cases cited1 opinion
- People Ex Rel. Cerzosie v. . Warden, Etc.New York Court of Appeals · 1918
3Cited by9 opinions
- People ex rel. Kipnis v. McCannAppellate Division of the Supreme Court of the State of New York · 1921
- People ex rel. Kohlepp v. McGeeAppellate Division of the Supreme Court of the State of New York · 1939
- People ex rel. Rabiner v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1924
- Commissioner of New York v. NelsonAppellate Division of the Supreme Court of the State of New York · 1931
- People ex rel. Angley v. WardenNew York Supreme Court · 1934
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