People ex rel. Bessmore v. Honeck — 244 N.Y. 510

Majority

p. 510

The People of the State of New York ex rel. Harry Bessmore, Appellant, v. Harry Honeck, Warden of the City Prison, County of Kings, Defendant. The People of the State of New York, Respondent.

Headnote

Crimes — indeterminate sentence — habeas corpus — indeterminate sentence on conviction for disorderly conduct warranted where previous convictions are shown — writ of habeas corpus dismissed.

People ex rel. Bessmore v. Honeck, 216 App. Div. 815 , affirmed.

(Submitted November 15, 1926;

decided November 30, 1926.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 16, 1926, which reversed an order of Special Term sustaining a writ of habeas corpus, dismissed said writ and remanded the relator to custody. Relator was con

p. 511

victed of disorderly conduct. (Penal Law, § 722, subd. 6.) The question was whether the evidence produced at the hearing and admissions of relator as to previous convictions brought the case within the provisions of section 4 of the Parole Commission Act, as amended by chapter 287 of the Laws of 1916, authorizing an indeterminate sentence.

K. Henry Rosenberg for appellant.

Joab H. Banton, District Attorney (.Michael J. Driscoll of counsel), for respondent.

Order affirmed; no opinion.

Concur: His cock, Ch. J., Cakdozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.