PEOPLE EX REL. PROSSER v. MARTIN


208 Misc. 875 (1952)

The People of the State of New York ex rel. Howard Prosser, Relator, v. Walter B. Martin, as Warden of Attica Prison, Defendant.

County Court, Wyoming County.

June 30, 1952.


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Frederick T. Devlin of counsel), for defendant.

Howard Prosser, relator in person.


CONABLE, J.

In the previous habeas corpus proceeding instituted by this relator on the 17th of March, 1952, it was held on April 10, 1952, that his sentence as a fourth felony offender was illegal. The ground of this holding was that one of the previous felony convictions charged in the information was a violation of the Uniform Firearms Act of 1931 of the State of Pennsylvania (Pa. Stat., tit. 18, § 4628). It appeared clear to me upon the authority...

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