People ex rel. Meadowcroft v. Ashworth

Habeas corpus proceeding. The relator is now imprisoned in the New York City Penitentiary and seeks his discharge, contending he is being unlawfully detained. It appears that on December 15, 1939, he was indicted for the crime of abandonment of children, a felony (Penal Law, § 480); he was, however, permitted to plead guilty to a lesser offense, namely, unlawfully omitting to provide for a child, a misdemeanor (Penal Law, § 482), which plea was entered on March *38615, 1940, and accepted by the court, as it was empowered to do (Code Crim. Pro., § 334, subd. 2; § 342-a); on that day he was sentenced…