United States ex rel. Burney v. LaVallee

OPINION

WEINFELD, District Judge.

Petitioner, serving a five to ten year sentence at Clinton Prison, Dannemora, New York, imposed upon his plea of guilty as a second felony offender to a reduced charge of grand larceny in the second degree (from robbery in the first degree and grand larceny in the first degree), entered in the Supreme Court, Bronx County, on October 14, 1965, seeks his release upon a writ of habeas corpus for alleged violation of his constitutional rights. The predicate for sentence as a second offender was a conviction in this court upon a plea of guilty to two counts of…