United States ex rel. Wissenfeld v. Fay

WEINFELD, District Judge.

Relator is currently serving a sentence of thirteen and one-half years to twenty years at Green Haven Prison, New York State, as a third felony offender upon his plea of guilty to a charge of burglary in the third degree. He seeks a writ of habeas corpus,1 upon the granting of which he requests that he be returned to the New York State Court for resentencing as a second felony offender. Petitioner challenges one underlying prior conviction entered in the State of California in 1948 upon the ground that the sentence imposed was illegal and its use against him by New…