283 A.D. 1116 | N.Y. App. Div. | 1954
Appeal by defendant from a judgment of the County Court, Suffolk County, rendered October 29, 1953, sentencing him as a second felony offender to imprisonment for a term of not less than thirty nor more than sixty years for the crime of robbery, first degree, and from intermediate orders. Appellant was originally sentenced on conviction in 1938, as a fourth felony offender. This sentence was found to be illegal, and he was returned to the County Court for resentence in 1939. He was then charged in an information presented by the District Attorney with previous convictions of felonies, one in Kansas, and the other in New York State for assault, second degree. As a result of the latter conviction he had been committed to the Institution for Male Defective Delinquents at Napanoch, N. Y. He admitted that he was the same person who had been convicted as stated in the information, but contended that neither conviction was sufficient as a prior felony eonvic