Malenfont v. Hyman

Appeal from an order of the Supreme Court dismissing a writ of habeas corpus. Petitioner was sentenced to a term of 15 years to life as a fourth offender on June 26, 1946. He was credited with approximately five years “good behavior” time under section 230 of the Correction Law. In a coram nobis proceeding the above sentence was set aside because petitioner’s previous convictions could not be considered felonies as a basis for sentencing him as a multiple offender. He was resentenced on January 11, 1957 to a term of 7½ to 15 years. His minimum term of 7½ years expired on November 2, 1953. His…