Legal Opinion

People ex rel. Welch v. Slattery

New York Supreme Court

Decided October 22, 1942PublishedCited by 7 opinions

1Opinion of the CourtHammer, J.

The relator by means of this habeas corpus proceeding asserts a grievance which is frequently before the courts. He claims as of right he should have been sentenced under the Penal Law to a fixed term the maximum of which has expired and he is entitled to be discharged.

Three grounds are urged, as follows:

1. The facts of his previous criminal record establish that the offender is not a fit person for correction and reformation in the penitentiary or other institution of imprisonment under the Parole Commission Law [L. 1915, ch. 579, as amd.] as now incorporated in the Correction Law [§ 200 et…

2Cases cited7 opinions

  1. People v. ThompsonNew York Court of Appeals · 1929
  2. People ex rel. Kipnis v. McCannAppellate Division of the Supreme Court of the State of New York · 1921
  3. People ex rel. Kohlepp v. McGeeAppellate Division of the Supreme Court of the State of New York · 1939
  4. People v. BendixNew York Court of Appeals · 1932
  5. People ex rel. Angley v. WardenNew York Supreme Court · 1934

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State Ex Rel. May v. SwensonSupreme Court of Minnesota · 1954
  2. State v. RoySupreme Court of Minnesota · 1963
  3. People v. SilbergliteNew York Supreme Court · 1956
  4. McGinnis v. KrossAppellate Division of the Supreme Court of the State of New York · 1962
  5. People Ex Rel. Kern v. SilberglittNew York Court of Appeals · 1958

2 more not listed; retrieve them via the Exa API.

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