People ex rel. Morriale v. Branham

The relator was sentenced as a second offender on April 5, 1935, to Sing Sing prison for a definite term of six years. Later in that year he was transferred to an institution for defective delinquents at Napanoch as a mental defective and in 1938, he was transferred to Woodbourne Institution for Defective Delinquents and while there confined obtained a writ of habeas corpus.

The sole question here presented is whether section 440 of the Correction Law is unconstitutional, or, if constitutional, whether notice of and an opportunity to be heard upon an application for an order of further…