People ex rel. Mucciolo v. Snyder

Appellant pleaded guilty in the Kings County Court on September 13, 1935, to an indictment charging a felony, and was committed by order of the court to the Institution for Male Defective Delinquents, at Napanoeh, New York. (Correction Law, § 438.) On February 4, 1941, appellant pleaded guilty to an indictment charging a felony, and was sentenced as a second offender under section 1941 of the Penal Law. In this proceeding appellant’s petition for a writ of habeas corpus alleges that he was illegally sentenced as a second offender, on the ground that the plea of guilty, followed by commitment…