People ex rel. McCue v. Martin

Appeal from an order, entered in the Clinton county clerk’s office on August 7, 1940, dismissing a writ of habeas corpus. Appellant was jointly indicted with another for the crimes of assault in the first degree and assault in the second degree committed while armed with a pistol. He pleaded guilty to assault in the second degree while armed; and the charge of first degree assault was dismissed. The court imposed a sentence of ten years’ imprisonment, five years of which were imposed as increased punishment for being armed. (Penal Law, § 1944.) Appellant now seeks to raise the issue that he…