People ex rel. Sheehan v. Murphy

Halpern, J. (dissenting).

The People appeal from an order sustaining a writ of habeas corpus, and directing that the relator be returned to the Court of General Sessions for the vacating of its sentence of October 14, 1980 and for re-arraignment of the relator before that court for sentence.

The relator had pleaded guilty to the charge of robbery in the second degree while armed with a pistol. He had taken no appeal from the judgment of conviction entered on his plea on October 14, 1930. Some years later, the relator procured a copy of the stenographer’s transcript of the minutes of a part of…