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Gains FreedomConvict Wins His Own Legal BattleReturned here for re-scntenceyesterday as a first offenderwhen the court held that a fiveto 10-year sentence Imposed assecond offender was illegal.David H. Sanders, 54, formerly of915 E. Washington St., may have cleared the way for his immediate release from Attica State Prison.In his pen-written petition for a reduction of sentence imposed as second offender in 1947, San-Investors GetCarrier SlockCarrier Corporation announcedvpderHsv that it. has nl a rpdford clamed that his first conviction in Virginia could not be, considered in finding him a second offender.He contended that the crime for which he was convicted, theft of $50, while a felony in Virginia, would be classified as a misdemeanor in New York State and therefore could not count in declaring him a second offender.Judge Leo W. Breed upheld his contention, resentencing hint to five to 10 years as a first offender, directing that he be given credit for the time served. Having served the maximum of his original sentence, Sanders may only have to return to Attica long enough to pick up hs belongings.William L. Wilcox. 35, formerly of 209 Star Ave., serving two five to 10-year sentences in Auburn. Prisosn as a third offender, took advantage of a recent Courtof Appeals decision in his pe-olition for reduction of sentence to that of a second offender.Wilcox was sentenced ;n ?950 on two grand larceny, second degree convictions. He was adjudged a third offender on the basis of conviction on a grand larceny, second degree, indictment in Jefferson County in 1944, the court placing him on probation.In a recent decision the Court of Appeals held that a felony conviction where the defendant had been placed on probation cannot be held to be a con siction in adjudging the person to be second, third or fourth offender.The court granted the petition vacating the third offender conviction and resentencing him to 5 to 10 years on each count to run consecutively, exactly the same sentences he received as a third offender.I
Newspaper Details
Syracuse Post Standard
Syracuse, New York, US
Wed, Aug 07, 1957
Page 13
Full Page
Clipped by
Onondaga C.
NY, USA 10 Sep 2024
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