PEOPLE EX REL. CRAWFORD v. SMITH


96 A.D.2d 757 (1983)

The People of the State of New York ex rel. Clifford Crawford, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Respondent. The People of the State of New York, Appellant

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

July 11, 1983


Judgment reversed, petition dismissed and relator remanded to custody of respondent.

Memorandum.

Relator brought this habeas corpus proceeding contending that his 1975 sentence as a persistent felony offender is invalid because one of his previous felony convictions did not result in a sentence in excess of one year, and thus could not be counted as a predicate felony conviction under the persistent felony offender statute. Upon return of the writ, the court...

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