New York Court of Appeals

The People of the State of New York Ex Rel. Fred Cosgriff v. . William H. Craig, as Sheriff of Monroe County, the…

March 16, 1909195 N.Y. 190

Summary

The Court held that the Rochester Police Court lacked jurisdiction to try the relator for petit larceny as a second offense because the statutory maximum sentence of two years exceeded the court’s one‑year limit. Accordingly, the lower courts’ order granting habeas relief was reversed and the relator was remanded to custody. The decision also affirmed that a prior conviction must be charged and proved to the jury, and that legislation providing increased punishment for repeat offenses is constitutional but does not expand the Police Court’s jurisdiction.