People ex rel. Montana v. Warden of New York City Penitentiary

The relator pleaded guilty to a misdemeanor in the city of New York and was accordingly sentenced to the New York County Penitentiary, there to be dealt with according to law. Such a commitment is under the Parole Commission Law (Laws of 1915, chap. 579, as amd.) unless the sentencing court found a defendant incapable of being substantially benefited by the correctional and reformatory purposes of the penitentiary, in which case he must be sentenced under the Penal Law, which provides for a maximum term of one year. A commitment under the Parole Commission Law could incarcerate a defendant…