Opinion
August 1, 1961
Appeal from an order of the County Court of Clinton County which denied appellant's applications of June 7, 1960 and July 7, 1960 for writs of habeas corpus, after a hearing. The sole issue is whether previous convictions in New Jersey were properly used as predicates for multiple offender punishment. The record does not contain the New Jersey statutes. If appellant has correctly set forth the contents of the New Jersey statutes in his brief, none of his previous New Jersey convictions could be used as a basis for multiple offender punishment ( People v. Caracelli, 309 N.Y. 853; People v. Olah, 300 N.Y. 96). No question or objection has been raised as to the form of the application. No brief was filed by the Attorney-General. Apparently the writs were denied solely because certified copies of the pertinent New Jersey statutes in force at the time of the convictions and the indictments thereunder were not presented to the court. The order must be reversed and the matter remitted and a new hearing granted. Order reversed and matter remitted to the Clinton County Court. Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ., concur.