People ex rel. Zakrzewski v. Mancusi

Chief Judge Fuld.

The relator, Andrew Zakrzewski, was convicted in 1955 of the crime of burglary in the third degree and is presently serving a sentence of from 5 to 20 years in prison based upon his status as a multiple felony offender. He now challenges the use of his only previous felony conviction, rendered more than 40 years ago, on the ground that he had previously been tried for the same offense and that his conviction was thus obtained in violation of his constitutional right against double jeopardy.

In November of 1924, the relator was placed on trial for first degree burglary upon an…