People ex rel. Costa v. Wilson

The relator is undergoing punishment by imprisonment as a fourth offender under section 1942 of the Penal Law, as amended by chapter 617 of the Laws of 1932. His sentence resulted from his conviction of extortion on January 26, 1927. His third felony, counted to warrant this sentence, was his conviction on January 16, 1922, of possession of burglar’s instruments subsequent to convictions of crime. (Penal Law, § 408.)

Relator’s contention is (1) that it was not the intent of the Legislature to make the punishment for a fourth felony conviction applicable when one of the prior offenses was, by…