People ex rel. Newton v. Trombly
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, made at the Schenectady Special Term on the 25th day of February, 1919, sustaining a writ of habeas corpus granted herein by a justice of the Supreme Court on the 16th day of November, 1918, and directing the respondent to release relator from custody. Motion denied. Order affirmed on the opinion of Whitmyer, J., at Special Term (reported in 107 Misc. Rep. 48), and on the authority of People ex rel.
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Appeal from an order of the Supreme Court, made at the Schenectady Special Term on the 25th day of February, 1919, sustaining a writ of habeas corpus granted herein by a justice of the Supreme Court on the 16th day of November, 1918, and directing the respondent to release relator from custody. Motion denied. Order affirmed on the opinion of Whitmyer, J., at Special Term (reported in 107 Misc. Rep. 48), and on the authority of People ex rel. Kohler v. Kidney (223 N. Y. 666). All concur, except John M. Kellogg, P. J., dissenting, with a memorandum.
1Dissent
John M. Kellogg, P. J. (dissenting):
The respondent, a prisoner at Great Meadow Prison, serving a sentence for burglary in the third degree, was released on parole March 19, 1914, having served from September 18,1912, on a maximum sentence of five years. Notwithstanding his parole, he was still in legal custody under the control of the warden of the prison, and was in fact serving his sentence. (Prison Law, § 214.) On the 29th of May, 1914, he was convicted of an attempt to commit burglary in the third degree, as a second offense, and sentenced to Sing Sing for four years. June 15, 1914, a…
2Cases cited1 opinion
- People Ex Rel. Kohler v. . KidneyNew York Court of Appeals · 1918
3Cited by2 opinions
- State v. FazzanoSupreme Court of Rhode Island · 1963
- People ex rel. Manuele v. Hunt, New York County Courts1934