United States ex rel. Nersesian v. Fay

WEINFELD, District Judge.

Petitioner, serving a sentence of from eight to twelve years at Green Haven Prison, New York, imposed upon his plea of guilty to felonious possession of narcotics, seeks his release on a Federal writ of habeas corpus. He charges that the State Court illegally sentenced him as a “second felony offender,” since the underlying prior conviction on the Federal charge was not a felony under New York law. Petitioner has exhausted available remedies in the state courts and has served the maximum time which could have been imposed on a first offender; accordingly, he is…