Opinion
November 13, 1961
Appeal by defendant from a judgment of the County Court, Nassau County, rendered April 5, 1961 after a jury trial, convicting him of grand larceny in the first degree, and, after compliance with section 480 of the Code of Criminal Procedure, resentencing him as a third felony offender to serve a term of 5 to 10 years. Defendant was resentenced pursuant to an order of this court, made March 6, 1961, reversing a prior judgment and remitting the action to the County Court for compliance with said section and for such further proceedings as thereafter may be proper ( People v. Miles, 13 A.D.2d 509). Judgment of April 5, 1961, entered upon resentence, affirmed. No opinion. Nolan, P.J., Beldock, Ughetta, Christ and Pette, JJ., concur.