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PEOPLE EX REL. KERN v. SILBERGLITT

4 N.Y.2d 59 (1958)

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, Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1958.

Attorney(s) appearing for the Case

Michael Kern for appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.

Judges DYE, FULD and BURKE concur with Judge DESMOND; Judge FROESSEL dissents in an opinion in which Chief Judge CONWAY and Judge VAN VOORHIS concur.

DESMOND, J.

This is a habeas corpus proceeding contesting a sentence imposed on one Harry Gross. In February, 1956, when Gross was found guilty of a violation of probation, the County Judge had under the pertinent statutes a choice between two kinds of imprisonment. He could have ordered confinement in a penal institution for not more than one year (Penal Law, §§...

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