People v. Foster

The peculiar facts of this case require a short narration of the sequence of events leading up to the present motion.

The defendant Foster was indicted November 11, 1930, in Steuben County for the crime of grand larceny, second degree; was arraigned and pleaded guilty in the Steuben County Court on November 24, 1930, and was sentenced to Auburn State Prison for a term of not less than one and one-half nor more than five years. Late in the year 1932, the defendant was released on parole but, thereafter, in April, 1933, the defendant was again indicted for the crime of burglary, third degree,…