PEOPLE EX REL. GOLDMAN v. DENNO


9 N.Y.2d 138 (1961)

The People of the State of New York ex rel. Jacob Goldman, Respondent, v. Wilfred L. Denno, as Warden of Sing Sing Prison, Appellant.

Court of Appeals of the State of New York.

Decided January 20, 1961.


Attorney(s) appearing for the Case

Hugh M. Finneran and Anthony F. Marra for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph J. Rose of counsel), for respondent.

Chief Judge DESMOND and Judges VAN VOORHIS and FOSTER concur with Judge FULD; Judge FROESSEL dissents in an opinion in which Judges DYE and BURKE concur.


FULD, J.

Convicted in this State in 1953 of attempting to sell narcotics (Penal Law, § 1751), the relator received a sentence of from 15 years to life imprisonment, as a third felony offender, based upon prior Federal drug convictions (Penal Law, § 1941, subd. 2). In this habeas corpus proceeding, brought some years later, he seeks resentence as a first felony offender, claiming that no one of those...

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