Legal Opinion
United States ex rel. Barnes v. Fay
District Court, S.D. New York
Decided June 18, 1963PublishedCited by 4 opinions
1Opinion of the Court
EDELSTEIN, District Judge.
This is an application by a prisoner in custody pursuant to a judgment of the Kings County Court of the State of New York, for a writ of habeas corpus, 28 U.S.C. § 2243 (1952). Relator was found guilty after a jury trial of the crime of grand larceny in the first degree. He was sentenced on December 5, 1952, to a term of from twenty-five years to life as a fourth felony offender, pursuant to New York’s Multiple Offender Law. See N.Y. Penal Law § 1943. Relator alleges that his fourth felony offender sentence must be set aside because one of his prior convictions upon…
2Cases cited17 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
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3Cited by4 opinions
- Johnny Honeycutt v. Benjamin Ward, Commissioner of Corrections for the State of New YorkCourt of Appeals for the Second Circuit · 1979
- United States of America Ex Rel. John McGrath v. J. E. Lavallee, Warden of Clinton Prison, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1965
- Slevin v. United StatesDistrict Court, S.D. New York · 1999
- Johnny Honeycutt v. Benjamin Ward, Commissioner of Corrections for the State of New YorkCourt of Appeals for the Second Circuit · 1979