People ex rel. Clemente v. Warden of Auburn Prison

This is an appeal from an order of the Cayuga County Court granting a writ of habeas corpus.

The relator was convicted March 16, 1956 in the Court of General Sessions of the City of New York upon an indictment for perjury, first degree, as a first offender, upon a plea of guilty. He was sentenced to Auburn Prison for an indeterminate term of two and one-half to five years’ imprisonment. *58Upon arrival at Auburn Prison on May 26,1956, he was credited with 11 months served on a previous sentence, which had been declared void. Under the maximum sentence thus received with jail allowance his term…