Relator was convicted of the felony of attempted burglary in the third degree and sentenced, as a second felony offender, to imprisonment under an indeterminate sentence, the maximum of such imprisonment to be 10 years and the minimum thereof 8 years. Burglary in the third degree is punishable by imprisonment for a term not exceeding 10 years. (Penal Law, § 407, subd. 3.) Conviction of an attempt to commit that crime would authorize imprisonment for not more than half...
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