People ex rel. Kipnis v. McCann
Appellate Division of the Supreme Court of the State of New York
Appeal by the People of the State of New York from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York oh the 18th day of October, 1921, sustaining a writ of habeas corpus and discharging the relator from custody.
1Opinion of the Court
Dowling, J.:
On January 5, 1920, the relator was sentenced to be imprisoned in the penitentiary under the provisions of the Parole Commission Act (Laws of 1915, chap. 579, as amd. by Laws of 1916, chap. 287) upon a conviction of the misdemeanor of impairing the morals of a child. (Penal Law, § 483.)
On September 17, 1921, he sued out the present writ of habeas corpus, claiming (1) that he could not, notwithstanding the provisions of the Parole Commission Act, be lawfully detained or imprisoned for a longer period than one year; that the duration of the indeterminate sentence could not exceed…
2Cases cited13 opinions
- Ex Parte WilsonSupreme Court of the United States · 1885
- People Ex Rel. Hubert v. . KaiserNew York Court of Appeals · 1912
- People Ex Rel. Cosgriff v. . CraigNew York Court of Appeals · 1909
- People Ex Rel. Armstrong v. Warden of City PrisonNew York Court of Appeals · 1905
- People Ex Rel. Comaford v. . DutcherNew York Court of Appeals · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- People v. ThompsonNew York Court of Appeals · 1929
- Commissioner of Public Welfare v. TorresAppellate Division of the Supreme Court of the State of New York · 1941
- People ex rel. Meltsner v. FolletteAppellate Division of the Supreme Court of the State of New York · 1969
- People ex rel. Rabiner v. Warden of City PrisonAppellate Division of the Supreme Court of the State of New York · 1924
- People ex rel. Cromwell v. WardenNew York Supreme Court · 1973
18 more not listed; retrieve them via the Exa API.