People Ex Rel. Newman v. Foster

Relator’s challenge to the legality of his sentence as a fourth felony offender must be sustained; one of the crimes relied upon was improperly included.

Relator was sentenced as such fourth offender in the Bronx County Court in 1935, following his conviction of burglary. Eleven years later, he sued out a writ of habeas corpus and, disputing Ms status, attacked the validity of the sentence imposed. The Supreme Court, Cayuga County, dismissed the writ, and the Appellate Division unanimously affirmed. Appeal to this court is by our permission.

It is undisputed that relator was thrice convicted of…