Legal Opinion

People ex rel. Mahon v. Warden of the Department of Correction

New York Supreme Court

Decided June 28, 1955PublishedCited by 4 opinions

1Opinion of the CourtMatthew M. Levy, J.

This is a writ of habeas corpus. The relator contends that Edward J. Kenny (the person in whose behalf the proceeding is brought) is being illegally detained in prison. It is asserted that his maximum sentences have expired and that he is now entitled to his freedom. Testimony was Heard, decision was reserved on the issues presented, and briefs were submitted by the respective parties.

Kenny, unfortunately, is an habitual criminal. He was first arrested at the age of fifteen. Since that time- — -and he will be thirty-six years of age on his next birthday — his life pattern has evolved into…

2Cases cited20 opinions

  1. Matter of Hines v. State Board of ParoleNew York Court of Appeals · 1944
  2. People Ex Rel. Cecere v. JenningsNew York Court of Appeals · 1929
  3. People ex rel. Kurzynski v. HuntAppellate Division of the Supreme Court of the State of New York · 1937
  4. People ex rel. Ingenito v. Warden & Agent of Auburn PrisonAppellate Division of the Supreme Court of the State of New York · 1943
  5. People, Ingenito v. Warden, Agent of Auburn PrisonNew York Court of Appeals · 1944

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3Cited by4 opinions

  1. Menechino v. Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1969
  2. Robles v. DennisonDistrict Court, W.D. New York · 2010
  3. People ex rel. Oldroyd v. McDonnellNew York Supreme Court · 1956
  4. People ex rel. Di Lorenzo v. FayAppellate Division of the Supreme Court of the State of New York · 1961

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