People ex rel. Bierbaum v. Jennings

The relator alleges that his sentence “ for the term of his natural life * * * on an information under section 1943 of the Penal Law setting forth three previous convictions for felony on his own plea of guilty to them * * * is excessive and void and he must be returned to the custody of the Sheriff of Erie County for correction of sentence upon proof that one of the three convictions and judgment was suspended * * * and does not constitute a conviction within the meaning of section 1943 of the Penal Law,” citing People v. Schaller (224 App. Div. 3).

Section 1943 provides that if at any time,…