People ex rel. Crawford v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment reversed, petition dismissed and relator remanded to custody of respondent. Memorandum: Relator brought this habeas corpus proceeding contending that his 1975 sentence as a persistent felony offender is invalid because one of his previous felony convictions did not result in a sentence in excess of one year, and thus could not be counted as a predicate felony conviction under the persistent felony offender statute. Upon return of the writ, the court agreed with relator and remanded him for resentence. We reverse. “A persistent felony offender is a person * * * who stands convicted of…
2Cases cited2 opinions
- People v. WrightNew York Court of Appeals · 1974
- People v. ShawNew York Court of Appeals · 1956
3Cited by2 opinions
- People ex rel. Crawford v. SmithNew York Court of Appeals · 1983
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1990