PEOPLE EX REL. CAPOSTA v. LA VALLEE


18 A.D.2d 950 (1963)

The People of the State of New York ex rel. John Caposta (Capsota), Appellant, v. J. Edwin La Vallee, as Warden of Clinton Prison, Respondent

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

February 7, 1963


The issue on this appeal is whether the relator was properly sentenced as a fourth offender following his conviction in 1950 and from which judgment of conviction no appeal was taken. The relator challenges a conviction in Federal court in 1946, it being this contention that the indictment to which he pled guilty contained both felony and misdemeanor counts and under the circumstances, his plea was to a misdemeanor. We are convinced that there is no merit to the contentions...

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