People ex rel. West v. Morhous

Petitioner, originally sentenced in Queens County Court on June 28, 1929, for not less than five or more than ten years for grand larceny, has been resentenced for a definite term of ten years to commence as of June. 28, 1929, and the previous sentence revoked. He contends that this new sentence, with the vacation of the previous sentence, renders the first sentence “ null and void ” and that all incidents growing out of the first sentence are equally void; that the act of the Parole Board in releasing him on May 16, 1933, was incident to a void sentence, and also contends, inferentially at…