Opinion
July 5, 1961
Appeals by defendant from a judgment of the County Court, Westchester County, rendered January 19, 1960, resentencing him, and from an order of the same court, dated May 9, 1960, denying his coram nobis application to vacate said judgment of resentence and the original judgment of said court rendered July 19, 1949. On December 19, 1960, subsequent to the argument of these appeals in this court, the Supreme Court, Cayuga County, in a habeas corpus proceeding instituted by defendant, held that the resentence of January 19, 1960 was illegal in part and directed defendant's return to the Westchester County Court for further resentence. Pursuant to such direction, on May 25, 1961 the defendant was resentenced by the Westchester County Court. Appeals dismissed. The judgment of January 19, 1960, involved on the appeals, was superseded by the judgment of May 25, 1961 (cf. People v. Verney, 269 App. Div. 858, affd. 295 N.Y. 769). Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.