People ex rel. Vanilla v. Denno

In this habeas corpus proceeding, relator seeks his immediate discharge from Sing Sing Prison. The facts, briefly, are as follows: On March 17, 1924, relator was convicted in the County Court of Kings County, as a second offender, of the crime of robbery in the first degree committed on November 30,1920. Upon such conviction, he was sentenced, pursuant to law, to a definite term, or “ straight sentence ” of 40 years, which term would expire on January 26, 1964.

On July 1, 1940, the prison board at Sing Sing Prison, constituting the board provided by the Correction Law for that purpose,…