People ex rel. Eaddy v. Wilkins

Order unanimously affirmed. Memorandum: In November, 1963 relator was convicted on an indictment charging violation of subdivision 3 of section 1897 of the Penal Law as a felony because of a prior conviction. In December pursuant to the provisions of section 275-b of the Code of Criminal Procedure an information was filed charging the prior conviction which relator admitted and was sentenced to a term of 3%-5 years. In March, 1965 this habeas corpus proceeding was commenced to vacate the conviction upon the ground that the indictment merely charged a misdemeanor in that it failed to allege…