United States Ex Rel. Nelson v. Zelker

MEMORANDUM

CROAKE, District Judge.

This is a petition for a writ of habeas corpus brought under 28 U.S.C. § 2254, seeking relief from the use of an allegedly unconstitutional conviction for sentencing purposes in a later case. The subsequent conviction is not itself challenged.

Petitioner is presently in respondent’s custody in the state prison at Stormville, New York, pursuant to a conviction of the crime of manslaughter in the first degree, Penal Law of 1909 § 1050 [1909] N.Y.Sess.L.1909, e. 88, see Penal Law § 500.05 (McKinney’s Consol.Laws, c. 40, 1967); see also Penal Law § 125.00 et seq.…