People ex rel. Zangrillo v. Doherty

Upon this application for a writ of habeas corpus relator alleges that “ although as a matter of law and record relator is only a first * * * felony offender * * # he is detained under a third * * * felony offender sentence ”, awarded October 15, 1954 whereunder the County Court of Nassau County committed him to Sing Sing Prison for an indeterminate term of not less than 5 nor more than 10 years for the crime of forgery, second degree, whereof he had theretofore been convicted upon his plea of guilty. It appears from the return that relator is in respondent’s custody under the terms of an…