People ex rel. Cullen v. Murphy

The relator is appealing from an order dismissing; his writ of habeas corpus and remanding him to the custody of the warden of Clinton Prison. His petition alleged that upon conviction by a jury of the crime of robbery in the first degree in the County Court of Rockland county he had been sentenced to a term of twenty-five years and that the sentence was illegal because a determinate sentence could be imposed only upon persons previously convicted of a felony, that he had not been indicted as a second offender, that no information had been filed against him *599to show that he had been previously…