UNITED STATES v. MARTIN

No. 49, Docket 24077.

242 F.2d 701 (1957)

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 January 25, 1957.


Attorney(s) appearing for the Case

Willis E. Smith, pro se.

Before FRANK, MEDINA and HINCKS, Circuit Judges.


PER CURIAM.

Relator overlooks the fact, stated in our original opinion, that even if one of his prior convictions were set aside, and he were resentenced as a second rather than a third felony offender, the minimum period to which the judge could sentence him under New York Penal Law, McKinney's Consol.Laws, c. 40, § 1941, would be five years, which would expire in 1958.

Relator appears correct in his contention that the state courts in New York regard...

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