People ex rel. Furia v. Zelker

Petitioner was originally convicted of the crime of attempted forgery in Kings County in 1958 and was sentenced on January 15, 1959 to an indeterminate term at the Elmira Reception Center. Thereafter, petitioner was convicted on the charge of burglary in the third degree and grand larceny in the third degree, and was sentenced on February 10, 1966 as a second felony offender. Thereafter, on September 9, 1970, the petitioner’s motion to vacate the original judgment of conviction was granted.

Petitioner made application for resentence as a first felony offender in a habeas corpus proceeding…