PEOPLE EX REL. SCHWARTZBERG v. McMANN


8 A.D.2d 570 (1959)

The People of the State of New York ex rel. Irving Schwartzberg, Appellant, v. Daniel McMann, as Acting Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 11, 1959


Appellant was indicted by a Grand Jury of New York County on several counts, including two counts for grand larceny in the first degree. Upon the recommendation of the District Attorney he was permitted to plead guilty to attempted grand larceny in the second degree, and was sentenced thereon as a second offender. At the time of the return of the writ of habeas corpus appellant was in prison on a sentence for that offense. His only contention seems to be that the acts which...

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