People ex rel. Cullen v. Murphy

On September 22, 1930, petitioner received a determinate sentence of twenty-five years for robbery, first degree. Although no information was filed charging him with being a second offender, and he was not indicted as such, the record discloses that he was examined on oath by the court before judgment was pronounced and upon such examination stated that he had previously been convicted of a felony.

He now insists that upon such conviction in 1930 he should have received an indeterminate instead of a determinate sentence. The sentence imposed was proper. (People v. Daiboch, 265 N. Y. 125;…