People ex rel. Pinchback v. Warden of the Penitentiary
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Eugene Pinchback, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of September, 1918, dismissing a writ of habeas corpus.
1Opinion of the Court
Page, J.:
The relator was convicted on a plea of guilty for a violation of section 1140 of" the Penal Law which' that section states to be a misdemeanor, but does not prescribe the punishment.
The appellant claims, as no other punishment is prescribed
*778in the Penal Law, that he could only be sentenced to imprisonment in the penitentiary for a period of one year or fined $500 as prescribed in section 1937 of the Penal Law. This section, however, is not so limited. It does not apply where any other punishment “ is specially prescribed by this chapter ” of the Penal Law nor where it is prescribed “…
2Cases cited2 opinions
- People Ex Rel. Cerzosie v. . Warden, Etc.New York Court of Appeals · 1918
- People ex rel. Cerzosie v. Warden of New York County PenitentiaryAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by4 opinions
- People ex rel. Kipnis v. McCannAppellate Division of the Supreme Court of the State of New York · 1921
- People ex rel. Angley v. WardenNew York Supreme Court · 1934
- People v. . DonnellyNew York Court of Appeals · 1922
- People ex rel. Koplitz v. WardenNew York Supreme Court · 1919