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People ex rel. Stevens v. Jackson

Supreme Court of New York, Appellate Division

November 18, 1953

THE PEOPLE OF THE STATE OF NEW YORK ex rel. FREDERICK HUGH GEORGE STEVENS, Respondent,
v.
J. VERNEL JACKSON, as Warden of Clinton Prison, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant.

Page 4

REARGUMENT of appeals from an order of the Special Term of the County Court of Clinton County (HALEY, J.), entered December 19, 1952, which sustained a writ of habeas corpus and

Page 5

remanded relator to the County Court of Cortland County to be resentenced as a first offender for the crime of burglary, third degree. (282 A.D. 811.)

COUNSEL

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Herman N. Harcourt and Benjamin A. Gilman of counsel), for appellant.

John J. Gardner, District Attorney, for appellant.

Frederick Hugh George Stevens, respondent in person.

FOSTER, P. J.

Appeal from an order of the County Court of Clinton County sustaining a writ of habeas corpus and remanding relator for resentence before the County Court of Cortland County.

On May 15, 1946, relator pleaded guilty in the Cortland County Court to the crimes of grand larceny, first degree; burglary, third degree, and criminally possessing a pistol. An information was filed by the District Attorney charging relator with three prior felony convictions. He was sentenced as a fourth offender for a period of from fifteen years to life imprisonment.

On April 24, 1950, an order was made in the Supreme Court sustaining a writ of habeas corpus and directing that relator be resentenced as a third felony offender because one of the alleged prior crimes would not constitute a felony if committed in the State of New York. No appeal was taken from that order.

On May 1, 1950, relator was resentenced in the Cortland County Court. An information was filed charging him with two prior felony convictions in the Province of Ontario, Canada. Apparently relator admitted his identity, at least no point as to this phase is raised on appeal. He was then resentenced for the Cortland County crimes as follows: From five to ten years for burglary, third degree; five to ten years for grand larceny, first degree; and five to ten years for criminally possessing a pistol. These sentences were directed to be served consecutively in the order named, and dated as of the original sentence.

On December 2, 1952, relator obtained a writ of habeas corpus from the Clinton County Court, alleging that he was not detained by virtue of a valid judgment. His contention was that the Canadian offenses were not for crimes that would have been felonies in the State of New York because the informations there lacked allegations of intent. Apparently the Clinton County Court agreed ...


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