People ex rel. Liebowitz v. Warden of the New York County Penitentiary
Appellate Division of the Supreme Court of the State of New York
Appeal by the People of the State of New York from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of November, 1918, sustaining a writ of habeas corpus and remanding the relator to the Court of General Sessions of the Peace in and for the County of New York for resentence.
1Opinion of the Court
Page, J. :
On July 14, 1913, the defendant was indicted for assault in the first degree, the crime being alleged to have been committed on June 29, 1913. On November 9, 1915, he was tried and convicted of assault in the second degree, and sentence was suspended. On February 8, 1917, the suspension of the sentence was revoked and the defendant was sentenced to the penitentiary under the Parole Commission Act (Laws of 1915, chap. 579, as amd. by Laws of 1916, chap. 287). The act was passed and took effect on May 10, 1915, although the Parole Commission was not appointed until. December 17, 1915.…
2Cases cited4 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Malloy v. South CarolinaSupreme Court of the United States · 1915
- People v. . HayesNew York Court of Appeals · 1894
- People Ex Rel. Cerzosie v. . Warden, Etc.New York Court of Appeals · 1918
3Cited by4 opinions
- People ex rel. Kohlepp v. McGeeAppellate Division of the Supreme Court of the State of New York · 1939
- People ex rel. Taylor v. JenningsNew York Supreme Court · 1929
- People ex rel. Angley v. WardenNew York Supreme Court · 1934
- Neal v. State Ex Rel. Attorney GeneralSupreme Court of Arkansas · 1929