Opinion
Argued October 17, 1961
Decided November 16, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EUGENE G. SCHULZ, J.
John M. O'Hara and Anthony F. Marra for appellant.
Isidore Dollinger, District Attorney ( Walter E. Dillon of counsel), for respondent.
Judgment affirmed. Although the resentencing procedure followed may have been erroneous, it is clear that the Federal crime of which appellant had been convicted would have been a felony under our State statutes if committed in New York; consequently, appellant has not been prejudiced and the judgment appealed from should be affirmed. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.