People ex rel. Lozzi v. Fay

Relator-respondent was convicted in the County Court, Westchester County, upon his plea of guilty to an indictment accusing him of burglary in the third degree. An information was filed by the District Attorney charging him with two previous felony convictions. He admitted that he was the same person as charged in the information, whereupon he was sentenced, as a third felony offender, to serve an indeterminate term of from 5 to 20 years. On each of the previous convictions sentence had been imposed but the execution of the judgment had been suspended. On one of them the suspension was…