An earlier sentence imposed October 24, 1956 as a second offender was thus superseded in response to the remand under the writ. The basis for sustaining the writ was that the crime which had been considered as a prior offense, committed in South Carolina, would not have been a felony in New York. On October 13, 1959 defendant applied to the St. Lawrence County Court by writ of error coram nobis to vacate the 1957 judgment of resentence on the ground the court had not...
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