Opinion
October 29, 1958
Appeal from the Wyoming County Court.
Present — McCurn, P.J., Williams, Bastow, Goldman and Halpern, JJ.
Order reversed, writ dismissed, and relator remanded to the custody of the Sheriff of Onondaga County at Attica Prison to be returned to the Onondaga County Court, with directions to vacate the resentence of the relator on March 27, 1958 as a first felony offender upon his conviction of burglary in the third degree on April 8, 1957, and to resentence the relator thereon as a second felony offender. (See People ex rel. Rapacki v. Martin, 6 A.D.2d 757. ) All concur.