People Ex Rel. Cerzosie v. . Warden, Etc.
New York Court of Appeals
Appeal from -an order of the Appellate Division of the Supreme 'Court in the first judicial department, entered December 31, 1917, which modified and affirmed as- modified an order of Special Term sustaining -a writ of habeas corpus and remanding the relator for re-sentence. The modification of the Appellate Division consisted in a direction for the discharge of the relator. The facts, so far as material, are stated in the opinion.
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Appeal from -an order of the Appellate Division of the Supreme 'Court in the first judicial department, entered December 31, 1917, which modified and affirmed as- modified an order of Special Term sustaining -a writ of habeas corpus and remanding the relator for re-sentence. The modification of the Appellate Division consisted in a direction for the discharge of the relator. The facts, so far as material, are stated in the opinion. The Parole Commission Act, as applied to this case, is not an ex post facto law. (People ex rel. Hendrick v. Kernochan, N. Y. L. J., Dec. 28, 1916, 177 App. Div.…
1Opinion of the Court
Hiscock, Ch. J.:
The relator was convicted in the Court of General Sessions of the county of New York of the crime of assault.- He was sen- fenced to an indeterminate term of imprisonment under the provisions of chapter 579 of the Laws of 1915, commonly known as the Parole Commission Act. He claims without dispute by the People that the sentence imposed upon him was more burdensome than could have been imposed except for the provisions of said 'act, and he then insists that such act had not taken effect at the time when the crime was committed, and that, therefore, he could not be punished…
2Cases cited1 opinion
- People Ex Rel. Unger v. . KennedyNew York Court of Appeals · 1913
3Cited by10 opinions
- People ex rel. Kipnis v. McCannAppellate Division of the Supreme Court of the State of New York · 1921
- People ex rel. White v. Commissioner of CorrectionAppellate Division of the Supreme Court of the State of New York · 1921
- People ex rel. Liebowitz v. Warden of the New York County PenitentiaryAppellate Division of the Supreme Court of the State of New York · 1919
- People ex rel. Pinchback v. Warden of the PenitentiaryAppellate Division of the Supreme Court of the State of New York · 1918
- People ex rel. Divico v. AdamsAppellate Division of the Supreme Court of the State of New York · 1942
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