PEOPLE EX REL. KELLEY v. DENNO


206 Misc. 435 (1954)

The People of the State of New York ex rel. Paul Kelley, Relator, v. Wilfred L. Denno, as Warden of Sing Sing Prison, Defendant.

Supreme Court, Special Term, Westchester County.

May 7, 1954.


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Harold Borgwald of counsel), for defendant.

Paul Kelley, relator in person.


EAGER, J.

A writ of habeas corpus was issued on the petition of Paul Kelley, who claimed that his sentence as a second felony offender was invalid in that a prior conviction in New Jersey, counted as a felony, was not in fact equivalent to a felony conviction. The defendant warden of Sing Sing Prison moves to dismiss the petition and quash the writ upon the ground that it is insufficient on its face to justify the writ or to entitle the petitioner the...

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