PEOPLE EX REL. KERN v. SILBERGLITT


3 A.D.2d 996 (1957)

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

Appellate Division of the Supreme Court of the State of New York, First Department.

June 18, 1957


Per Curiam.

Special Term properly dismissed petitioner's writ of habeas corpus. The penitentiary sentence imposed raises an irrebuttable presumption that the court did not find the defendant incapable of being substantially benefited by a commitment to a correctional and reformatory institution (People v. Thompson, 251 N.Y. 428). It is the sentence that controls and not the preliminary remarks of the sentencing judge, despite any apparent inconsistency...

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