United States ex rel. McDonald v. Deegan

OPINION

WEINFELD, District Judge.

The petitioner is presently confined to Sing Sing pursuant to a judgment of conviction entered on January 11, 1966, in the Supreme Court, Kings County, after a trial by jury, of the crimes of burglary in the third degree and grand larceny in the second degree. He was sentenced to terms of two and a half to five years on each count to run concurrently. On appeal the Appellate Division modified the judgment of conviction by reducing the grand larceny conviction to petit larceny and by suspending sentence as to that count. As modified, the judgment of conviction…