People ex rel. Frisbie v. Wehner

Appeal from a judgment of the Supreme Court at Special Term, entered June 21, 1978 in Chenango County, which dismissed a writ of habeas corpus, without a hearing. On June 20, 1977, appellant was sentenced, as a second felony offender, to an indeterminate term of two to four years by the County Court of Jefferson County upon his conviction after trial of criminal possession of stolen property. On January 24, 1978, appellant made a motion to vacate the judgment of conviction pursuant to CPL 440.10. This motion was denied by the County Court of Jefferson County on April 17, 1978. Appellant then…