269 A.D. 811 | N.Y. App. Div. | 1945
— Orders reversed on the law, without costs of this appeal to any party, writ dismissed, and relator remanded to the custody of the Warden of Attica State Prison, Attica, N. Y. Memorandum: On August 2, 1928, relator was sentenced by the Court of General Sessions, New York County, to serve an indéterminate term of not less than five years nor more than ten years in State prison upon his plea of guilty to the crime of robbery, in the third degree, which crime was committed on April 17, 1928. He was paroled on August 29, 1932. On November 30, 1937, while on parole, the relator was convicted in a Federal court in the State of Ohio of the crime of forging government cheeks, a crime which if committed in this State, would constitute a felony, and was sentenced to a term of two years in the Federal penitentiary at Lewisburg, Pennsylvania.