PEOPLE EX REL. CROXTON v. JOHNSTON


15 A.D.2d 612 (1961)

The People of the State of New York ex rel. Robert Croxton, Appellant, v. W. Cecil Johnston, as Director of Dannemora State Hospital, Respondent

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

December 29, 1961


On January 20, 1941 relator was sentenced by the Court of General Sessions of the County of New York as a second felony offender to an indeterminate term of from 10 to 20 years upon a conviction of burglary, third degree, upon his admission that he had been previously convicted of the same crime in the same court on April 10, 1935. The petition for a writ of habeas corpus is based on the failure of the Clerk at the time of the 1935 conviction to ask him, pursuant to section...

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