Legal Opinion

People ex rel. Zakowicki v. Morhous

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

Decided December 28, 1954PublishedCited by 5 opinions

1Opinion of the CourtHalpern, J.

The relator appeals from an order of the Special Term dismissing a writ of habeas corpus and remanding the relator to custody.

On November 10, 1944, the appellant was convicted of the crime of armed robbery in the third degree and was sentenced to the Elmira Reformatory, there to be dealt with according to law. Under the statute as it then read, the maximum term for which the appellant could be confined was ten years (see Correction Law, § 288, as it read prior to the amendment made by L. 1945, ch. 678, and Penal Law, § 2129). After serving about one and one-half years, the appellant was…

2Cases cited4 opinions

  1. People Ex Rel. Dote v. MartinNew York Court of Appeals · 1945
  2. People ex rel. Kurzynski v. HuntAppellate Division of the Supreme Court of the State of New York · 1937
  3. People ex rel. Ingenito v. Warden & Agent of Auburn PrisonAppellate Division of the Supreme Court of the State of New York · 1943
  4. People, Ingenito v. Warden, Agent of Auburn PrisonNew York Court of Appeals · 1944

3Cited by5 opinions

  1. Kenny v. LoosAppellate Division of the Supreme Court of the State of New York · 1955
  2. Mulligan v. MurphyAppellate Division of the Supreme Court of the State of New York · 1963
  3. People ex rel. Kenny v. JacksonAppellate Division of the Supreme Court of the State of New York · 1957
  4. People ex rel. Rainone v. MurphyAppellate Division of the Supreme Court of the State of New York · 1955
  5. People ex rel. Watkins v. MurphyNew York Court of Appeals · 1957

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