PEOPLE EX REL. KERN v. SILBERGLITT


5 Misc.2d 133 (1957)

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

Supreme Court, Special Term, Bronx County.

January 21, 1957.


Attorney(s) appearing for the Case

Michael Kern for relator.

Daniel V. Sullivan, District Attorney, for defendant.


FRANCIS X. CONLON, J.

Relator's claim, on this writ of habeas corpus, that the prisoner is entitled to immediate release from confinement, is predicated upon the contention that the sentencing court had no power to impose an indeterminate sentence, in view of statements made by it prior to the imposition of sentence which tend to indicate its belief that he was incapable of reforming. Relator urges that the court's only power, in the light of its remarks...

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