
    The People of the State of New York ex rel. Harry Kipnis, Appellant, v. Joseph McCann, Acting Warden of the Penitentiary of New York County, Defendant. The People of the State of New York, Respondent.
    
      Habeas corpus — misdemeanor — punishment — validity of provisions of Parole Commission Act authorizing imprisonment for longer period than one year.
    
    
      People ex rel. Kipnis v. McCann, 199 App. Div. 30, affirmed.
    (Argued May 31, 1922;
    decided July 12, 1922.)
    Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1921, which reversed an order of Special Term sustaining a writ of habeas corpus, dismissed said writ and remanded the relator to custody. On January 5, 1920, the relator was sentenced to be imprisoned in the penitentiary under the provisions of the Parole Commission Act (L. 1915, ch. 579, amd. L. 1916, ch. 287) upon a conviction of the misdemeanor of impairing the morals of a child. (Penal Law, § 483.) On September 17, 1921, he sued out the present writ of habeas corpus, claiming that he could not be lawfully detained or •imprisoned for a longer period than one year; that the duration of the indeterminate sentence could not exceed the maximum term of imprisonment prescribed by the Penal Law for the offense of which he was convicted; and that, in so far as the Parole Commission Act authorized or purported to authorize an imprisonment for a longer period than a year, it was unconstitutional and void.
    
      Meyer Greenberg and Max E. Greenberg for appellant.
    
      Joab H. Banton, District Attorney (Felix C. Benvenga and Michael J. Driscoll of counsel), for respondent.
   Order affirmed, without costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.  