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UNITED STATES v. MARTIN

No. 49, Docket 24077.

239 F.2d 530 (1956)

UNITED STATES ex rel. Willis E. SMITH, Petitioner-Appellant, v. Walter B. MARTIN, Warden of Attica Prison, Respondent-Appellee.

United States Court of Appeals Second Circuit.

Decided November 1, 1956.

Attorney(s) appearing for the Case

Willis Edwin Smith, pro se.

Jacob K. Javits, Atty. Gen. (Michael Freyberg, Deputy Asst. Atty. Gen., James O. Moore, Jr., Sol. Gen., Albany, N. Y., of counsel), for respondent-appellee.

Before FRANK, MEDINA and HINCKS, Circuit Judges.

PER CURIAM.

If appellant's 1944 conviction were to be upset, he would have to be resentenced in the County Court of Onondaga County for his last conviction of Grand Larceny in the first degree as a second offender rather than a third offender. As a second felony offender, appellant would not be entitled to any sentence less than he actually received in 1953. The Multiple Offenders Law, Section 1941 of the Penal Law of the State of New York, McK. Consol.Laws, c. 40...

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