discretion of court was limited by this section, was not available on habeas corpus, maximum term of ten years not having yet expired. People a rel Sabatina v Jennings (1919) 108 Misc 93, 177 NYS 210, affd (1920) 194 App Div 950, 185 NYS 949. 11. Under former B 1148 On the trial of charges of compulsory