Judgment affirmed.
It seems to me that there is a distinction between this case and Matter of Moore v. Thorn (245 App. Div. 180, affd. 270 N.Y. 502) in that here the defect did not consist in some informality, such as failure to file an information, which, when later filed, showed the facts to be those which the court had assumed to be true in making the original sentence, but the narrative of events has developed...
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