People ex rel. Mason v. Brophy

The relator was sentenced, for robbery in the first degree, as a first offender, to serve not less than twenty nor more than twenty-one years in a State prison. His writ of habeas corpus, to test the vahdity of such sentence, has been dismissed by the Special Term. He appeals from the order of dismissal.

Relator argues, in his brief, that the intent of section 2189 of the Penal Law (as amd. by Laws of 1919, chap. 411) is that every indeterminate sentence must have its minimum and its maximum in the exact ratio of one to two. Clearly that is not so. The section first provides for an…