Legal Opinion

People ex rel. Harty v. Fay

New York Court of Appeals

Decided December 7, 1961PublishedCited by 48 opinions

1Opinion of the Court

Chief Judge Desmond.

The question, undecided in this State (see Matter of Richetti v. New York State Bd. of Parole, 300 N. Y. 357, 360) but answered affirmatively in many decisions elsewhere, is this: Does an inordinately long and unexplained delay in imposing a criminal sentence cause the trial court to lose jurisdiction so that a sentence thereafter imposed is void and the defendant is entitled to habeas corpus relief 1 Although there are no controlling New York statutes (see Code Grim. Pro., §§ 471, 472, 482), it is settled law in this State that- the imposition of sentence may not be “…

2Cases cited13 opinions

  1. Miller v. AderholdSupreme Court of the United States · 1933
  2. People v. . EverhardtNew York Court of Appeals · 1887
  3. Commonwealth v. MaloneyMassachusetts Supreme Judicial Court · 1887
  4. Hogan v. BohanNew York Court of Appeals · 1953
  5. MATTER OF RICHETTI v. New York State Bd. of ParoleNew York Court of Appeals · 1950

8 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. People v. WilliamsNew York Court of Appeals · 2010
  2. People v. DrakeNew York Court of Appeals · 1984
  3. Nuernberger v. State of NYNew York Court of Appeals · 1976
  4. Weinstein v. HaftNew York Court of Appeals · 1983
  5. Root v. KapelmanAppellate Division of the Supreme Court of the State of New York · 1979

43 more not listed; retrieve them via the Exa API.

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