People ex rel. Evans v. Fogg

Appeal from a judgment of the Supreme Court at Special Term, entered June 6, 1979 in Ulster County, which denied, without a hearing, a petition for a writ of habeas corpus. On December 5, 1973 petitioner was sentenced to an indeterminate term of imprisonment of zero to three years upon his plea of guilty of the crime of attempted burglary in the third degree. No appeal was taken from this conviction, and as a result thereof, on February 7, 1977, he was sentenced, as a second felony offender, to an indeterminate term of imprisonment with a maximum of eight years and a minimum of four years…