Home/New York Court of Appeals/People ex rel. Prosser v. Martin

People ex rel. Prosser v. Martin

117 N.E.2d 902, 306 N.Y. 710, 1954 N.Y. LEXIS 1071
CourtNew York Court of Appeals
DecidedJanuary 15, 1954
StatusPublished
Cited by20 cases

This text of 117 N.E.2d 902 (People ex rel. Prosser v. Martin) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Prosser v. Martin, 117 N.E.2d 902, 306 N.Y. 710, 1954 N.Y. LEXIS 1071 (N.Y. 1954).

Opinion

Per Curiam.

The legality of a sentence may be tested in a habeas corpus proceeding. When an order in such a proceeding directs the sentencing court to resentence the relator, such court [712]*712is under the necessity of resentencing him within a reasonable time. If it fails to do so, the District Attorney is under a duty to make an application pursuant to article 78 of the Civil Practice Act for an order to compel the sentencing court to proceed with such resentencing and pronounce judgment (Matter of Hogan v. Bohan, 305 N. Y. 110). Here, we have been told, the term of imprisonment that might have been lawfully imposed has expired.

The order should be affirmed.

Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Fboessel, JJ., concur in Per Curiam opinion; Van Voobhis, J., concurs in the result.

Order affirmed.

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Bluebook (online)
117 N.E.2d 902, 306 N.Y. 710, 1954 N.Y. LEXIS 1071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-prosser-v-martin-ny-1954.