Carr v. Wallace

The petitioner seeks an order under article 78 of the Civil Practice Act, to compel a judge of the Court of General Sessions to resentence the petitioner.

He was indicted on February 25th for robbery in the first degree. On February 26, 1925, he pleaded guilty to robbery in the second degree, and received an indeterminate sentence from seven years and six months to fifteen years in State prison. Upon his plea, the petitioner denied that he had ever-been previously convicted of a crime. The fact is that he had be°en twice convicted prior to 1925, and one of the crimes consisted of larceny of…