People ex rel. Emanuel v. Silberglitt

In this habeas corpus proceeding, relator seeks Ms immediate discharge from prison contending that the New York State Board of Parole lacks jurisdiction over him since his term has expired.

There is no dispute as to the facts. Relator was sentenced by the Court of General Sessions, New York County, on Novem*394ber 14, 1932 for the crime of manslaughter in the first degree, as a second offender, for a definite term of 25 years plus an additional term of 5 years as provided in section 1944 of the Penal Law. Accordingly, his maximum term would expire on November 14, 1962. Relator was restrained in…