In re O'Keefe
This text of 154 Misc. 340 (In re O'Keefe) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
When a prisoner is ordered resentenced he is not “ discharged from prison by pardon or otherwise, nor is he released therefrom on parole.” But if the resentence does not provide for his incarceration in a State prison, then he is discharged from prison, and thereupon becomes entitled to the twenty dollars, as provided for in section 125 of the Correction Law.
[341]*341The record shows that the County Court of Rockland county, May 7, 1934, in resentencing the prisoner imposed an indeterminate sentence and suspended the execution thereof. This amounted to a discharge from State prison. The peremptory mandamus order should be allowed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
154 Misc. 340, 277 N.Y.S. 101, 1934 N.Y. Misc. LEXIS 1935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-okeefe-nysupct-1934.