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People Ex Rel. Kern v. Silberglitt

New York Court of Appeals

Decided February 28, 1958PublishedCited by 4 opinions

1Opinion of the CourtDesmond, J.

This is a habeas corpus proceeding contesting a sentence imposed on one Harry Gross. In February, 1956, when Gross was found guilty of a violation of probation, the *61County Judge had under the pertinent statutes a choice between two kinds of imprisonment. He could have ordered confinement in a penal institution for not more than one year (Penal Law, §§ 600, 1937) or in a reformatory-type institution for an indeterminate term not exceeding three years (Correction Law, § 203). He chose the latter. The reformatory-type sentence, however, was forbidden by law for any convicted person who was “…

2Cases cited7 opinions

  1. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  2. Matter of Hogan v. N.Y. Supreme CourtNew York Court of Appeals · 1946
  3. People Ex Rel. Carollo v. BrophyNew York Court of Appeals · 1945
  4. People v. ThompsonNew York Court of Appeals · 1929
  5. People v. TowerNew York Court of Appeals · 1954

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

3Cited by4 opinions

  1. United States Ex Rel. Sero v. PreiserDistrict Court, S.D. New York · 1974
  2. People of New York ex rel. Thompson v. NobleDistrict Court, S.D. New York · 1964
  3. People ex rel. Aloi v. LeFevreAppellate Division of the Supreme Court of the State of New York · 1984
  4. People Ex Rel. Kern v. SilberglittNew York Court of Appeals · 1958

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