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PARDONS, COMMUTATIONS AND REPRIEVES

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PARDONS, COMMUTATIONS AND REPRIEVES

Pardons, Commutations and Reprieves Granted by Governor

Smith 1920

PARDONS August 12, 1920. Frank A. Larocca. Convicted in New York county, serving sentence of five months in City Prison, New York city, for making false statement in connection with an election return in a primary election.

A number of other defendants informed against jointly with Larocca were given sentences of two months. Larocca was advised to stand trial and appealed and lost his case on appeal, and was consequently sentenced to five months. He has already served two months straight of the sentence and spent six weeks in jail before trial awaiting bail.

His previous record is without reproach. I am moved to pardon him because of the destitute condition of his wife and baby. I am informed by her that she is living on the charity of her neighbors.

The following men were pardoned, after having served their sentences, for purposes of removing disabilities —to permit them to be reinstated in their professions, to be admitted to civil service examinations or to be permitted to apply for naturalization papers:

January 13, 1920. Bernard H. Lord. Convicted in Westchester county of grand larceny, second degree; sentence suspended.

January 13, 1920. Matthew Aloi. Convicted in Kings county of attempted arson; sentenced February 23, 1908, to 14 years minimum; 14 years, 6 months maximum, Sing Sing Prison.

January 21, 1920. Joseph J. Hartnett. Convicted in Erie county of burglary, second degree; sentenced October, 1906, to Auburn Prison for 10 years. Convicted in New York county of aiding and abetting; sentenced October, 1913, to Sing Sing Prison for 1 year and 1 month.

January 31, 1920. Victor Bohm. Convicted in New York county of grand larceny, second degree; sentenced to Sing Sing Prison November 7, 1918, to 1 year minimum ; 4 years, 6 months maximum.

March 9, 1920. Rocco Antoniello. Convicted in Kings county of manslaughter, first degree; sentenced November 23, 1914, to Sing Sing Prison for 5 years minimum; 14 years, 6 months maximum.

March 9, 1920. Orlando Baldi. Convicted in New York county of bribery; sentenced January 29, 1914, to the New York County Penitentiary for 3 months.

April 30, 1920. George Haug. Convicted in New York county of grand larceny; sentenced August 3, 1904, to Sing Sing Prison for a term of 2 years.

April 20, 1920. Antonio Mangrelli. Convicted in Bronx county of manslaughter, second degree; sentenced April 22, 1907, to Sing Sing Prison for 11 years.

April 20, 1920. Theodore Herzig, alias Eddie Davis. Convicted in New York county of perjury; sentenced August 28, 1912, to Sing Sing Prison for 2 years minimum; 5 years, maximum.

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April 20, 1920. Morris Kronenberg. Convicted in New York county of grand larceny, second degree; sentenced January 10, 1902, to the Elmira Reformatory.

April 30, 1920. Charles Pines. Convicted in Nassau county of manslaughter, first degree, and abortion; sentenced February 18, 1919, to the New York County Penitentiary for 1 year.

May 15, 1920. Dominick Casamassino. Convicted in New York county of burglary, third degree; sentenced October, 1917, to Sing Sing Prison for 3 years, 10 months.

June 4, 1920. Vincenzo S. Buccafurri. Convicted in Kings county of manslaughter, first degree; sentenced April 1, 1911, to Sing Sing Prison for 9 years minimum; 10 years, 2 months maximum.

June 4, 1920. Benjamin Josefsberg. Convicted in New York county of criminally receiving stolen property; sentenced to the New York County Penitentiary in February 23, 1910, to 6 months.

June 4, 1920. Bartholomew Sabino. Convicted in Saratoga county of assault; sentenced February, 1913, to Clinton Prison for 5 years.

August 24, 1920. Morris Flegenheimer. Convicted in New York county of burglary, third degree; sentenced to the Elmira Reformatory August 9, 1901.

September 11, 1920. Michael Piombino. Convicted in Albany county of rape, second degree; sentenced to Clinton Prison, April 1, 1910, to 3 years minimuin; 5 years maximum.

September 11, 1920. Saveria Malfitani. Convicted in Kings county of attempted grand larceny, second degree; sentenced June 13, 1916, to Sing Sing Prison for 1 year, 3 months minimum; 2 years, 3 months maximum.

September 11, 1920. Joseph Fotia. Convicted in New York county of robbery, first degree; sentenced August 1, 1908, to Sing Sing Prison for 5 years minimum; 8 years maximum.

September 23, 1920. Luigi Santora. Convicted in Westchester county of manslaughter, second degree; sentenced December, 1906, to Sing Sing Prison for 5 years.

November 26, 1920. Samuel Rosenberg. Convicted in New York county of attempted grand larceny; sentenced December 2, 1903, to Sing Sing Prison for 2 years.

November 26, 1920. Henry Crowl. Convicted in Erie county of robbery, second degree; sentenced to the Elmira Reformatory.

November 26, 1920. Julius Gordon. Convicted in Onondaga county of arson; sentenced January 12, 1913, to Auburn Prison for 2 years, 2 months minimum; 4 years, 2 months maximum.

November 26, 1920. Salvatore Coppola. Convicted in New York county of attempted grand larceny, second degree; sentenced June 21, 1911, to Sing Sing Prison for 1 year, 3 months minimum ; 2 years, 4 months maximum.

November 26, 1920. Henry S. Trivelli. Convicted in Bronx county of robbery, first degree; sentenced April 16, 1915, to Sing Sing Prison for 7 years, 6 months minimum ; 19 years, 4 months maximum.

November 26, 1920. Andrew Tirdley. Convicted in New York county of bigamy; sentenced May 27, 1910, to Sing Sing Prison for 1 year minimum; 2 years maximum.

November 26, 1920. Giuseppi Costa. Convicted in Westchester county of assault; sentenced February 10, 1913, to the New York Penitentiary for 10 months.

November 26, 1920. Joseph Ruggiero. Convicted in New York county of attempted grand larceny, first degree; sentenced July 31, 1907, to 3 years, 2 months minimum; 4 years, 3 months maximum, to Sing Sing Prison. Convicted in New York county of feloniously carrying a pistol; sentenced April 27, 1914, to 3 months in New York County Penitentiary.

December 6, 1920. Marcellino Saudo. Convicted in New York county of manslaughter, first degree; sentenced January 31, 1920, to 20 years in Sing Sing Prison.

December 6, 1920. Paolo Olivieri. Convicted in New York county of bigamy; sentenced July 29, 1908, to 1 year in New York County Penitentiary.

December 30, 1920. John Nardi. Convicted in Kings county of assault; sentenced to New York County Penitentiary on February 15, 1915. to 3 months.

Prison she has a short tim

COMMUTATIONS January 8, 1920. Morris Raskowitz. Convicted in Kings county of attempted murder, first degree, and sentenced in January, 1915, to Sing Sing Prison for 8 years minimum; 14 years, 4 months maximum.

Commuted to 4 years, 11 months and 19 days minimum; 14 years, 4 months maximum.

On December 19, 1919, the wife of this man wrote me a very appealing letter, stating that she was in a sanitorium for the treatment of tuberculosis at Otisville, and that she expected to be discharged in a short time; that since her husband has been in prison she has been in two different places for treatment of her disease, and had been discharged from one and was left destitute in the streets; was picked up and sent to the institution where she now is.

On receiving that communication I again submitted the case of Raskowitz to the judge and district attorney for such report as they might see fit to make to me on the facts presented by the wife. On December 26, 1919, I received a report from Judge Jaycox, who presided at the trial, and he stated that the letter was a very appealing one (the letter from the wife) and that if he had the right he would grant clemency to the prisoner; further stating that in his opinion the punishment which Raskowitz had undergone might b econsidered fairly adequate, and he believed no miscarriage of justice would result if he were released. The district attorney of Kings county takes substantially the same view of the matter.

After considering the situation thoroughly I conclued that it was a case meriting Executive clemency, so I decided to commute the sentence of the prisoner so that he may be released under and subject to the jurisdiction of the Parole Board, thereby permitting him to take care of his wife who is badly in need of his assistance.

January 9, 1920. Matthew Gardner. Convicted in Queens county of arson, third degree and sentenced in April, 1919, to a minimum of 3 years; 6 years maximum.

Commuted to 9 months and 12 days minimum ; 6 years maximum.

Recommended by District Attorney Leary, who prosecuted the case and also by Fire Marshal Brophy of New York City. The district attorney after stating the facts in his report to me, adds “after the discovery of the fire and prior to his indictment and conviction, and during the trial of the main criminal, he rendered valuable service to the State in the prosecution of the principal involved, and that in his opinion that the fact of his conviction and the degradation inflicted upon a very intelligent man by his sentence and the time that he has already served are sufficient punishment for his share in the crime."

The principal that Gardner helned to convict received a minimum of 10 years and a maximum of 20. In view of the fact that Gardner has a wife and a child twenty months old, who are in need of his assistance, and taking into consideration the recommendations I

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