Opinion
April 12, 1948.
Order of the County Court, Suffolk County, granting defendant's application and directing his resentence, where originally he had been sentenced as a second offender, although he had not been indicted as such nor had an information been filed in accordance with section 1943 of the Penal Law, affirmed. The record does not sufficiently establish that the defendant was previously convicted of a felony. Lewis, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.