People ex rel. Brooks v. Warden of the Women's Prison

On March 2,1940, relator pleaded guilty, in the City Magistrates’ Court, to a violation of clause (e) of subdivision 4 of section 887 of the Code of Criminal Procedure. She was sentenced to an indeterminate term in the workhouse. An appeal was taken to the Appellate Part of Special Sessions upon the ground that the magistrate, in sentencing, had failed to comply with subdivision (c) of section 203 of the Correction Law, which reads, in part: “ The court, before imposing sentence, shall give due notice to the defend*664ant and an opportunity to be heard in opposition to the charge of prior…