People ex rel. Kelley v. Denno

A writ of habeas corpus was issued on the petition of Paul Kelley, who claimed that his sentence as a second felony offender was invalid in that a prior conviction in New Jersey, counted as a felony, was not in fact equivalent to a felony conviction. The defendant warden of Sing Sing Prison moves to dismiss the petition and quash the writ upon the ground that it is insufficient on its face to justify the writ or to entitle the petitioner the relief asked. The motion is granted.

The petition is clearly insufficient. It is expressly provided by statute that a person is not entitled to a writ of…