Opinion
December 22, 1952.
Appeal from County Court of Queens County.
Present — Nolan, P.J., Carswell, Adel, MacCrate and Schmidt, JJ.
Judgment of conviction unanimously affirmed and matter remitted to the County Court for the purpose of resentence. The sentence was erroneous. The prior conviction of the defendant in Michigan was not available as a basis for a sentence as a second offender. The matter is therefore remitted so that a correct sentence may be imposed. The record conclusively establishes defendant's guilt.