People ex rel. Singleton v. Hanley

Appellate Division of the Supreme Court of New York

People ex rel. Singleton v. Hanley

252 A.D. 566, 300 N.Y.S. 207, 1937 N.Y. App. Div. LEXIS 5729

Appellate Division of the Supreme Court of the State of New York·Decided December 3, 1937·Published

Opinion

Per Curiam.

The court in this case did not delete from the form of the sentence, but allowed to remain therein immediately after the words “Fined $100,” the following alternative provision: “ or in default of payment, imprisonment not to exceed-day in City Prison.” The court, however, did not fill in the blank. The sentence was neither void nor invalid but at most irregular on its face, and there being a valid judgment of conviction the writ of habeas corpus should not have been sustained but the prisoner should have been returned for resentence to the proper court.

Accordingly the order appealed from should be reversed, the writ of habeas corpus dismissed, and relator remanded to the custody of the sheriff of Bronx county for resentence by the Court of Special Sessions of the City of New York.

Present — Martin, P. J., O’Malley, Townley, Doee and Cohn, JJ.

Order unanimously reversed, the writ of habeas corpus dismissed, and the relator remanded to the custody of the sheriff of Bronx county for resentence by the Court of Special Sessions of the City of New York.

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Per Curiam.

The court in this case did not delete from the form of the sentence, but allowed to remain therein immediately after the words “Fined $100,” the following alternative provision: “ or in default of payment, imprisonment not to exceed-day in City Prison.” The court, however, did not fill in the blank. The sentence was neither void nor invalid but at most irregular on its face, and there being a valid judgment of conviction the writ of habeas corpus should not have been sustained but the prisoner should have been returned for resentence to the proper court.

Accordingly the order appealed from should be reversed, the writ of habeas corpus dismissed, and relator remanded to the custody of the sheriff of Bronx county for resentence by the Court of Special Sessions of the City of New York.

Present — Martin, P. J., O’Malley, Townley, Doee and Cohn, JJ.

Order unanimously reversed, the writ of habeas corpus dismissed, and the relator remanded to the custody of the sheriff of Bronx county for resentence by the Court of Special Sessions of the City of New York.

People ex rel. Singleton v. Hanley, 252 A.D. 566, 300 N.Y.S. 207, 1937 N.Y. App. Div. LEXIS 5729 (N.Y. Ct. App. 1937).

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252 A.D. 566 (People ex rel. Singleton v. Hanley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.