People ex rel. Tracher v. Martin

Order so far as appealed from reversed on the law, without costs of this appeal to either party, and relator remanded to the custody of the Warden of Attica State Prison, Attica, New York. Memorandum: The relator was indicted for the crime of burglary, third degree, and for no other indictable offense. On October 14, 1936, he pleaded guilty to the crime of grand larceny, second degree, and received a sentence of five to ten years as a second offender. From the judgment of conviction no appeal was taken by the relator. On September 17, 1943, the relator petitioned the County Court of Wyoming…