Upon this application for a writ of habeas corpus relator alleges that "although as a matter of law and record relator is only a first * * * felony offender * * * he is detained under a third * * * felony offender sentence", awarded October 15, 1954 whereunder the County Court of Nassau County committed him to Sing Sing Prison for an indeterminate term of not less than 5 nor more than 10...
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