Opinion
March 28, 1968
Appeal from the Monroe County Court.
Present — Bastow, J.P., Goldman, Del Vecchio, Marsh and Henry, JJ.
Order unanimously affirmed. Memorandum: This case is distinguishable from the facts in People v. Turner ( 21 A.D.2d 829). Here there is proof in the form of records from Wayne County Court which establish that appellant was resentenced in that county in February, 1967. The judgment was not vacated in its entirety.