Opinion
December 29, 1942.
Appeal from Supreme Court, Washington County.
Present — Hill, P.J., Crapser, Bliss, Schenck and Foster, JJ.
Petitioner was sentenced in the Albany County Court on October 14, 1932, to a definite sentence of twenty years upon his conviction of the crime of burglary, third degree, and grand larceny, first degree, as a second offender. Apparently he was not indicted as a second offender and no information was filed against him. This sentence was therefore erroneous. On June 25, 1937, petitioner was returned to the Albany County Court and the erroneous sentence was revoked. An information was filed against him charging him with having been previously convicted of a felony. Petitioner admitted the previous conviction, whereupon he was resentenced to the same term of twenty years, less jail time and with credit for time already served under the erroneous sentence. This procedure was proper. Order unanimously affirmed, without costs.