PEOPLE EX REL. VANILLA v. DENNO


7 N.Y.2d 29 (1959)

The People of the State of New York ex rel. Antonio Vanilla, Respondent, v. Wilfred L. Denno, as Warden of Sing Sing Prison, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 25, 1959.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Joseph J. Rose of counsel), for appellants.

Samuel Shapiro and Max Schultz for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE concur.


FULD, J.

The relator, now over 65 years old, was found guilty in 1924 of robbery, committed in 1920, and was sentenced to imprisonment for a definite term of 40 years as a second felony offender. In the ordinary course, his term would have expired on January 26, 1964. On July 1, 1940, after more than 16 years of continuous imprisonment, apparently without a single prison rule infraction, the authorities at Sing...

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