People ex rel. Stokrocki v. Fay

Appellate Division of the Supreme Court of New York

People ex rel. Stokrocki v. Fay

14 A.D.2d 807, 220 N.Y.S.2d 600, 1961 N.Y. App. Div. LEXIS 8425

Appellate Division of the Supreme Court of the State of New York·Decided October 23, 1961·Published·Cited by 1 cases

Opinion

Even assuming, as relator contends, that the sentence imposed for the 1951 conviction was improper, nevertheless relator pleaded guilty to the crimes for which he was then sentenced. Such plea of guilty is sufficient basis for sentence on the 1957 crimes as a second felony offender. Moreover, habeas corpus is not a remedy to review the sentence imposed for a crime committed in 1951, where, as here, such sentence has expired and the relator presently is confined under an entirely different sentence. Nolan, P. J., Beldock, Ughetta, Pette and Brennan, JJ., concur.

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Even assuming, as relator contends, that the sentence imposed for the 1951 conviction was improper, nevertheless relator pleaded guilty to the crimes for which he was then sentenced. Such plea of guilty is sufficient basis for sentence on the 1957 crimes as a second felony offender. Moreover, habeas corpus is not a remedy to review the sentence imposed for a crime committed in 1951, where, as here, such sentence has expired and the relator presently is confined under an entirely different sentence. Nolan, P. J., Beldock, Ughetta, Pette and Brennan, JJ., concur.

People ex rel. Stokrocki v. Fay, 14 A.D.2d 807, 220 N.Y.S.2d 600, 1961 N.Y. App. Div. LEXIS 8425 (N.Y. Ct. App. 1961).

Pincite

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Opinion

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