People ex rel. Reynolds v. Martin

Conwat, Ch. J.

This appeal by relator is taken pursuant to permission granted by our court from an order of the Appellate Division, Fourth Department, which unaMmously affirmed *220an order of the Wyoming County Court dismissing his writ of habeas corpus and remanding him to the custody of the respondent, Warden of Attica State Prison.

The facts may be stated briefly as follows. On January 31, 1939 the relator was convicted in the Supreme Court, Niagara County, on his plea of guilty, of the crime of murder in the second degree and, thereafter, was sentenced to be confined in Attica State Prison for…