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PEOPLE EX REL. SCHURMAN v. ASHWORTH

9 Misc.2d 448 (1945)

The People of the State of New York ex rel. John E. Schurman, Relator, v. Harry T. Ashworth, as Warden of the Penitentiary of the City of New York, Respondent.

Supreme Court, Special Term, Bronx County.

December 31, 1945.

Attorney(s) appearing for the Case

John E. Schurman, relator in person.

Frank S. Hogan, District Attorney, New York County, and Samuel J. Foley, District Attorney, Bronx County, for respondent.

BENJAMIN F. SCHREIBER, J.

On January 19, 1944, upon his plea of guilty to the crime of petit larceny, the relator's sentence was suspended and he was placed on probation.

On March 7, 1945 the relator was sentenced to the Penitentiary of the City of New York for violation of probation.

The relator contends that, since, when sentenced to the penitentiary, the court referred to him as "hopeless", he was improperly sentenced for an indeterminate...

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