Legal Opinion

United States of America Ex Rel. Gerard Dennis, Relator-Appellant v. Robert E. Murphy, Warden of Auburn State Prison, Auburn, New York

Court of Appeals for the Second Circuit

Decided April 2, 1959No. 57_1PublishedCited by 17 opinions

1Per curiam

Relator is presently confined as the result of a 1949 felony conviction had upon his plea of guilty in Counts' Court, West-chester County, to indictments charging various degrees of robbery, burglary and grand larceny. He was sentenced as a fourth offender to serve eighteen years to life imprisonment after the District Attorney had filed informations alleging fourteen prior Canadian felony convictions. New York Penal Law, McKinney’s Consol.Laws, c. 40, § 1943. In a subsequent coram nobis proceeding in the Westchester County Court it was held that three of the fourteen convictions-would have…

2Cases cited4 opinions

  1. People v. McCulloughNew York Court of Appeals · 1949
  2. United States Ex Rel. James J. Savini v. J. Vernal Jackson, Warden, Clinton Prison, Dannemora, N. Y.Court of Appeals for the Second Circuit · 1957
  3. United States of America Ex Rel. David Cyril Read, Relator-Appellant v. Walter B. Martin, Warden of Attica Prison, Attica, N.Y.Court of Appeals for the Second Circuit · 1959
  4. People v. DennisAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by17 opinions

  1. United States of America Ex Rel. Jacob Wissenfeld, Relator-Appellant v. Walter H. Wilkins, Warden, Attica State Prison, Attica, New YorkCourt of Appeals for the Second Circuit · 1960
  2. Edward J. Dillon v. United StatesCourt of Appeals for the Ninth Circuit · 1962
  3. United States Ex Rel. Franklin Lanear, Relator-Appellant v. Hon. J. Edwin Lavallee, as Warden of Clinton State Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1962
  4. Rosado v. CivilettiCourt of Appeals for the Second Circuit · 1980
  5. State v. DalrympleNew Mexico Supreme Court · 1965

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