United States ex rel. Presenzano v. Deegan

EDWARD WEINFELD, District Judge.

Petitioner seeks a writ of habeas corpus on behalf of relator, who is currently serving a three to five year sentence at the Sing Sing State Prison following his conviction, after trial by jury, upon a charge of possessing a loaded pistol in violation of section 1897 *1349(2) of the New York Penal Law.1 Petitioner argues that the state trial court was without jurisdiction to sentence relator to more than a one-year term, as for a misdemeanor, first, because the indictment failed to negative the exception, contained within the statute, that reduces the offense to a…