Opinion
December 5, 1975
Appeal from the Wyoming County Court.
Present — Moule, J.P., Cardamone, Simons, Mahoney and Witmer, JJ.
Judgment unanimously affirmed. Memorandum: At the time of his plea of guilty of robbery second degree and of the sentencing therefor relator was represented by counsel and made a bargained plea, and was fully advised by the court that his sentence would be as a second felony offender if it was established that he had previously been convicted of a felony. Relator knew that he had been previously convicted of a felony and that such conviction had been affirmed ( 33 A.D.2d 893). On appeal from the conviction for robbery second the judgment was also affirmed ( 37 A.D.2d 919). Relator had a right of review at that time; and in the order from which he now appeals the court properly held that this habeas corpus proceeding is not now available to him.