People ex rel. Benaquista v. Blanchard

On October 6, 1938, appellant was sentenced by the Schenectady County Court to imprisonment in Elmira *664Beformatory and the execution of this sentence was suspended and appellant placed on probation for ten years. The record does not show what, if any, were the conditions of the probation. In September, 1943, he was re-arrested on a bench warrant and on October 27, 1943, the court imposed on him an indeterminate sentence in Clinton State prison of not less than five nor more than ten years for the same crimes. This writ of habeas corpus followed.

At the hearing on the writ the only proof before…