People v. Conley

Maurice W. McCann

(Yates County Judge and Acting Judge for Monroe County). The defendant-petitioner in the Monroe County Court on the 12th day of September, 1951, entered a plea of guilty to the crime of rape in the first degree. He was convicted and sentenced to Attica State Prison for an inde*461terminate term of one day to life on the 23rd day of October, 1951. The defendant-petitioner now contends that his conviction should be vacated on the ground that his sentence was illegal, in view of the provisions of sections 2182 and 2500 of the Penal Law.

Subdivision 2 of section 2182 provides that “…