Appellate Division of the Supreme Court of New York, 1945

People ex rel. Small v. Webster

People ex rel. Small v. Webster
Appellate Division of the Supreme Court of New York · Decided November 14, 1945
269 A.D. 1001; 58 N.Y.S.2d 428; 1945 N.Y. App. Div. LEXIS 4979
People ex rel. Small v. Webster

Opinion of the Court

Appeal by relator from an order of the Clinton County Court dismissing a writ of habeas corpus, wherein he attacked the validity of his 1925 conviction of second degree robbery on the ground of fraud, and contended that his 1932 conviction of a felony in possessing a dangerous weapon constituted double jeopardy. The questions appellant raises are not reviewable in a habeas corpus proceeding. {Matter of Morhous v. N. Y. Supreme Court, 293 N. Y. 131; People ex rel. Boyle v. Atwell, 232 N. Y. 96, 102.) Order affirmed. All concur.

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