People ex rel. Cunningham v. Denno

Treated by the County Court of Suffolk County in 1954 as a second felony offender after a plea of guilty to the crime of grand larceny in the second degree, relator, in this habeas corpus proceeding, challenges the validity of the indeterminate sentence imposed upon him of not less than 5 years or more than 10 years.

That a defendant may invoke habeas corpus to test the validity of his conviction as a subsequent offender is a proposition no longer debatable (People ex rel. Stevens v. Jackson, 283 App. Div. 3; People ex rel. Kondrk v. Foster, 299 N. Y. 329; People ex rel. La Placa v. Murphy,…