People ex rel. Caposta v. La Vallee

Relator-appellant appeals from a final order of the Supreme Court, following a hearing, which ¡ dismissed his writ of habeas corpus and remanded him to custody. The issue on this appeal is whether the relator was properly sentenced as a fourth offender following his conviction in 1950 and from which judgment of conviction ¿o appeal was taken. The relator challenges a conviction in Federal court in 1946, it being this contention that the indictment to which he pled guilty contained both felony and misdemeanor counts and under the circumstances, his plea was to a misdemeanor. We are convinced…