PEOPLE EX REL. WILSON v. FAY


205 Misc. 99 (1953)

The People of the State of New York ex rel. William L. Wilson, Relator, v. Edward M. Fay, as Warden of Green Haven Prison, Defendant.

Supreme Court, Special Term, Dutchess County.

November 23, 1953.


Attorney(s) appearing for the Case

William L. Wilson, relator in person.

Nathaniel L. Goldstein, Attorney-General (Benjamin A. Gilman of counsel), opposed.

T. Vincent Quinn, District Attorney of Queens County (George J. Regan of counsel), opposed.


BRENNAN, J.

In this habeas corpus proceeding, the relator contends that he was improperly convicted and sentenced as a second felony offender in 1938, in the County Court of Queens County, N. Y., by reason of the fact that a previous conviction in 1928, in the State of North Carolina was for a crime which would not have been a felony if committed in the State of New York.

The relator argues that the North...

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