People ex rel. Gold v. Jackson

Relator, serving a 15-year to life sentence as a fourth felony offender, sued out a writ of habeas corpus to establish that the second of three previous felonies charged against him, being a conviction in Florida, was not shown to have been a felony if committed in New York State. The writ was sustained in that relator was remanded for resentencing as a third felony offender. Upon appeal to the Appellate Division, Third Department, that court affirmed, certifying, however, sua sponte, that a question of law was presented which ought to be reviewed by this court.

Applying the rule of People v.…