People ex rel. Gaczewski v. Jennings

The definite sentence for ten years was proper although the relator when the sentence was imposed on January *7918, 1922, was not a second offender within the meaning of section 1941 of the Penal Law (as amd. by Laws of 1920, chap. 571), because the crime on which the conviction was based had not been committed subsequent to a prior conviction of a felony or of an attempt to commit a felony. He was not entitled to an indeterminate sentence under the provisions of section 2189 of the Penal Law (as amd. by Laws of 1919, chap. 411), for at the time of the imposition of the sentence he had already…