Order unanimously reversed on the law and facts and matter remitted to the Onondaga County Court for further proceedings in accordance with the memorandum.
Memorandum:
The defendant was sentenced as a third felony offender in 1941 and was sentenced as a fourth felony offender in 1957. Thereafter in coram nobis one of the two convictions relied upon as a basis for his third and fourth offender sentences was vacated. He was thereupon resentenced on the...
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