Opinion
July 23, 1973
Appeal by defendant from a judgment of the County Court, Suffolk County, rendered January 18, 1971 on resentence, upon a 1964 conviction of attempted burglary in the third degree, on his plea of guilty, resentencing him to a maximum reformatory term of five years, nunc pro tunc as of November 12, 1964. Pursuant to an order of this court, dated December 6, 1971 ( People v. Nicklas, 38 A.D.2d 566), the action was remanded to the County Court for a hearing. Such hearing has been had and a memorandum decision, dated February 18, 1972, has been filed relative thereto. Judgment affirmed. No opinion. Rabin, P.J., Latham, Shapiro, Gulotta and Brennan, JJ., concur.