The People of the State of New York ex rel. Archie Munks, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent

The People of the State of New York ex rel. Archie Munks, Appellant, against J. Vernel Jackson, as Warden of Clinton Prison, Respondent. [MAJORITY] Appeal from an order of the Supreme Court, Special Term, Clinton County, which dismissed a writ of habeas corpus. Appellant was sentenced as a fourth offender to a term of imprisonment, the maximum of which was his natural life and the minimum thirty years. He claims that one felony conviction was void because he was sentenced to a term of six months in the city penitentiary. Because he was then a second offender he contends that he should have been sentenced to a State prison. He was not convicted, however, as a second offender at the time he was sent to the penitentiary. That was in 1922, and under the circumstances the court at that time had power to impose a penitentiary sentence. Order affirmed. Foster, P. J., Brewster, Bergan and Coon, JJ., concur; Heffernan, J., taking no part.