117 Misc. 798 | N.Y. Sup. Ct. | 1921
Relator, convicted of the crime of assault in the third degree and sentenced to the New York County Penitentiary under and pursuant to the provisions of the Parole Commission Act (Laws of 1915, chap. 579, as amd. by Laws of 1916, chap. 287), and after fifteen months of imprisonment, now seeks his discharge on habeas corpus upon the ground that the maximum imprisonment for his offense is one year (Penal Law, § 245), and that the parole commission is powerless to hold him beyond that period. His contention finds support in People ex rel. Kipnis v. Warden, 116 Misc. Rep. 589, but I am constrained to differ with the learned justice in the conclusion there reached. As I read the Parole Commission Act, I think its purpose was to subject all persons convicted of crime in cities of the first class whom the committing court did not regard as requiring a state prison sentence, to the disciplinary, reformatory and correctional powers of the parole commission. In this
Writ dismissed.