Appellate Division of the Supreme Court of New York, 1958

People ex rel. Vivona v. Conboy

People ex rel. Vivona v. Conboy
Appellate Division of the Supreme Court of New York · Decided December 30, 1958
7 A.D.2d 810; 181 N.Y.S.2d 68; 1958 N.Y. App. Div. LEXIS 3742
People ex rel. Vivona v. Conboy

Opinion of the Court

Relator-appellant appeals from an order *811dated May 2, 1958, dismissing a writ of habeas corpus, in which relator contends he was unlawfully detained beyond the term of his sentence. Relator-appellant pleaded guilty in Queens County Court to the crime of attempted grand larceny in the second degree, the maximum prison sentence for a first offender being two and one-half years. However, the relator-appellant, because of his age, was sentenced to Elmira Reception Center for an indefinite term under article 3-A of the Correction Law and as such he received a “ reformatory sentence ”. Under section 2184-a of the Penal Law, the term of a person so sentenced for a felony shall not exceed five years, subject to sooner termination by the Board of Parole, and in this ease although the relator-appellant has served more than two and one-half years, he is not being illegally detained. (See People ex rel. Ward v. Jackson, 286 App. Div. 942, affd. 3 N Y 2d 1020.) Order affirmed, without costs. Foster, P. J., Bergan, Gibson and Herlihy, JJ., concur.

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