People ex rel. Marsh v. Martin

Following relator-appellant’s plea of guilty in the Albany County Court of the crime of robbery, first degree, the District Attorney, pursuant to sections 1941-1943 of the Penal Law, filed an information accusing relator of having been previously convicted of the crime of burglary in the second degree in the State of Utah on September 21, 1935. Upon admitting his identity as the person named in the information, relator was sentenced as a second offender to a term of from thirty to sixty years.

In this habeas corpus proceeding appellant is challenging the validity of that sentence upon the…