PEOPLE EX REL. STANDIK v. ASHWORTH


9 Misc.2d 444 (1943)

The People of the State of New York ex rel. Albert Z. Standik, Relator, v. Harry T. Ashworth, as Warden of the Penitentiary of the City of New York, Respondent.

Supreme Court, Special Term, Bronx County.

January 28, 1943.


JOHN E. McGEEHAN, J.

The writ is dismissed and the relator is remanded. Notwithstanding the remarks of the sentencing court at the time sentence was imposed, this court cannot adjudicate that the sentencing court legally found the defendant beyond the realm of reformation contemplated by the Parole Commission Law (Correction Law, art. 7-A). An appellate court reviewing the matter of the sentence upon a direct appeal might arrive at a different conclusion...

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