In re O'Keefe , 154 Misc. 340 ( 1934 )


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  • Rogers, J.

    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.

    *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.

Document Info

Citation Numbers: 154 Misc. 340

Judges: Rogers

Filed Date: 7/20/1934

Precedential Status: Precedential

Modified Date: 1/12/2023