People ex rel. Oldroyd v. McDonnell

On this application for a writ of habeas corpus, the relator contends that he is being illegally detained in prison. The relator presented no proof. Insofar as I can gather the facts from the records produced by the defendant, it appears that the relator had spent 82 days in prison awaiting trial and sentence; that on December 18, 1950, he was sentenced to the New York City Penitentiary for an indeterminate sentence, not to exceed three years (Correction Law, art. 7-A), as the result of a plea of guilty to attempted grand larceny in the second degree; and that, when sentenced, the court…