Opinion
November 26, 1941.
Appeal from County Court of Albany County.
Present — Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ.
Defendant was indicted for robbery in the first degree and on June 5, 1933, upon his plea of guilty, was sentenced as a second offender to a term of fifteen years in Clinton State Prison at Dannemora, N.Y. At that time no information was filed charging him with a previous felony conviction. On February 3, 1941, he was returned to the County Court of Albany County and arraigned on an information charging a previous conviction of a felony. He remained silent. A jury was impaneled and it found that he was the same person who had been thus previously convicted and the court thereupon resentenced the defendant for a term of fifteen years, less whatever time he had already served. Upon this appeal defendant contends that the court was without jurisdiction to thus resentence him. Judgment unanimously affirmed.