Appeal by defendant from an order of the County Court, Kings County, dated October 5, 1960, denying, without a hearing, his motion for resentence as a first felony offender, rather than as a second felony offender. On January 21,1957, judgment was rendered by the said court convicting defendant, on his plea of guilty, of robbery in the third degree, and sentencing him, as a second felony offender, to serve a term of 5 to 10 years. Por the purposes of this appeal the order appealed from has been considered as one denying a motion to vacate a judgment of conviction, otherwise known as a motion or application for a writ of error coram nobis (Code Crim. Pro., § 517). Order affirmed. No opinion. Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.
People v. Terrell
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1961-04-10
Citations: 13 A.D.2d 677, 215 N.Y.S.2d 730, 1961 N.Y. App. Div. LEXIS 11497
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