PEOPLE EX REL. KERN v. SILBERGLITT


5 Misc.2d 502 (1956)

The People of the State of New York ex rel. Michael Kern, on Behalf of Harry Gross, Relator, v. Harry Silberglite, as Warden of the Penitentiary of the City of New York, Defendant.

Supreme Court, Special Term, Bronx County.

December 6, 1956.


Attorney(s) appearing for the Case

Michael Kern for relator.

Daniel V. Sullivan, District Attorney (Milton Altschuler of counsel), and Edward S. Silver, District Attorney (Aaron Nussbaum of counsel), for defendant.


MORRIS EDER, J.

On this writ of habeas corpus, relator bases his contention that the prisoner, who has completed more than eight months of his sentence to the New York City Penitentiary, is entitled to be released at this time upon the following premises:

(1) That the maximum sentence legally imposable was a one-year definite sentence (Penal Law, § 1937) in view of the determination of the sentencing...

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