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PEOPLE EX REL. HALLE v. ASHWORTH

9 Misc.2d 451 (1944)

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

Supreme Court, Special Term, Bronx County.

January 13, 1944.

Attorney(s) appearing for the Case

Louis Halle, relator in person.

Frank S. Hogan, District Attorney (Stanley H. Fuld and Alan J. Elliot of counsel), for respondent.

BENJAMIN F. SCHREIBER, J.

This writ of habeas corpus tests whether a parolee, in this case under a life sentence, may be sentenced to an indeterminate term upon conviction of a misdemeanor (Correction Law, §§ 203, 204). It appears that, upon separate misdemeanor convictions, two consecutive indeterminate sentences may not simultaneously be imposed (People ex rel. Gordon v. Ashworth, 290 N.Y. 285), and in consequence it has been held that...

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