People ex rel. Richardson v. Morhous

Petitioner was convicted in County Court of robbery, first degree, and assault, second degree. He received a sentence of not less than ten nor more than fifteen years for the robbery and not less than two and one-half years nor more than five years for the assault, the sentences to run consecutively. Petitioner appealed to the Appellate Division, Third Department; there the judgment of conviction was affirmed. (People v. Richardson, 251 App. Div. 916.)

In this habeas corpus proceeding petitioner seeks to set aside the sentence for assault, second degree, upon the ground that, the convictions…