United States ex rel. Brown v. City of New York

WEINFELD, District Judge.

Upon his previously entered plea of guilty to the misdemeanors of unlawful entry and attempted petty larceny, petitioner was sentenced to the New York City Penitentiary for an indeterminate term, not to exceed three years. He now seeks his release upon a claim that he was denied due process of law when, at the time of pleading, the Court failed to inform him that such a sentence could be imposed under Article 7-A of the Correction Law,1 rather than a one year maximum term (on each count) under the Penal Law.2 Having unsuccessfully *388raised the issue in the state courts,…