People ex rel. Tomasula v. Foster

Here is involved the power of a court, after conviction for a felony, to sentence the convicted defendant to the" New York State Vocational Institution at West Coxsackie for a stated term of years.

*685The appeal is from an order made by the Special Term which order dismissed a writ of habeas corpus bringing the relator Bobert Tomasula into court, denied his application for release and remanded him to the custody of the warden of Auburn State Prison.

On November 23, 1942, at the County Court of Livingston County (Wheeler, County Judge) the appellant, then aged sixteen years, was convicted of…