184 A.D. 777 | N.Y. App. Div. | 1918
The relator was convicted on a plea of guilty for a violation of section 1140 of" the Penal Law which' that section states to be a misdemeanor, but does not prescribe the punishment.
The appellant claims, as no other punishment is prescribed
The offense for which relator was convicted was punishable by imprisonment in a penitentiary, which was under the jurisdiction of the department of correction of the city of New York. (Greater N. Y. Charter [Laws of 1901, chap. 466], § 695, as amd. by Laws of 1912, chap. 456.) The parole commission in the city of New York was created December 17, 1915. (See People ex rel. Cerzosie v. Warden, etc., 181 App. Div. 934; 223 N. Y. 307.) Chapter 579 of the Laws of 1915 was, therefore, in force at the time of the appellant’s conviction and sentence. He was, therefore, properly sentenced under that act. The constitutionality and validity of the act has repeatedly been decided by the courts.
The appellant further claims that he was entitled to a
The order should be affirmed, without costs.
Clarke, P. J., Dowling, Smith and Shearn, JJ., concurred.
Order affirmed.
Adding to Prison Law (Consol. Laws, chap. 43; Laws of 1909, chap. 47), § 249.— [Rep.