People v. Silberglite

On this writ of habeas corpus, relator bases his contention that the prisoner, who has completed more than eight months of his sentence to the New York City Penitentiary, is entitled to be released at this time upon the following premises:

*503(1) That the maximum sentence legally imposable was a one-year definite sentence (Penal Law, § 1937) in view of the determination of the sentencing judge, as evidenced by his unqualified characterization of defendant as hopelessly incorrigible, that he was “ incapable of being substantially benefited by being committed to a correctional and reformatory…