PEOPLE v. KELLY


284 A.D. 421 (1954)

The People of the State of New York, Respondent, v. Frederick S. Kelly, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 8, 1954.


Attorney(s) appearing for the Case

Timothy F. O'Brien, District Attorney (John T. Casey of counsel), for respondent.

Frederick S. Kelly, appellant in person.

FOSTER, P. J., BERGAN, COON and IMRIE, JJ., concur.


HALPERN, J.

The defendant had originally been sentenced as a second offender to a term of six to seven years, on a plea of guilty to an indictment charging him with the crime of escape in violation of section 1694 of the Penal Law. Subsequently, he attacked the sentence by a writ of error coram nobis and the sentence was vacated, upon the ground that it was improper to sentence the defendant as a second...

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