Matter of Lewis v. . Carter
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 29, 1916, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the board of parole for State prisons to reconsider and rescind a parole granted to one John Bassi. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 29, 1916, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the board of parole for State prisons to reconsider and rescind a parole granted to one John Bassi. The facts, so far as material, are stated in the opinion. The district attorney of Kings county had charge of the criminal action which resulted in the conviction and sentence of John Bassi, and he is charged by statute and by settled rules of law with the duty of…
1Opinion of the Court
Collin, J.:
The appellant seeks ;a peremptory writ of mandamus compelling the board of parole of State prisons to reconsider and rescind a parole granted by the board to John Bassi. Thus far he has failed.
In December, 1902, Bassi was indicted for and, upon trial, found guilty by the verdict of the jury, in Kings county, of the crime of burglary in the third degree — a crime punishable by imprisonment in a State prison. (Penal Law, section 407.) Sentence upon the verdict was suspended during his good behavior. In June, 1914, he was indicted and convicted in Kings county for criminally receiving…
2Cases cited2 opinions
- People v. . FabianNew York Court of Appeals · 1908
- People v. MinerNew York Supreme Court · 1868
3Cited by41 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- People v. CarterNew York Court of Appeals · 1984
- Baez v. HennessyCourt of Appeals for the Second Circuit · 1988
- New York Post Corp. v. LeibowitzNew York Court of Appeals · 1957
- Truchon v. ToomeyCalifornia Court of Appeal · 1953
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