PEOPLE v. LUTON


29 Misc.2d 531 (1961)

The People of the State of New York, Plaintiff, v. Clayborn Luton, Defendant.

County Court, Onedia County.

August 16, 1961


Attorney(s) appearing for the Case

Arthur A. Darrigrand, District Attorney (J. Stuart Fero of counsel), for plaintiff. Clayborn Luton, defendant in person.


JOHN J. WALSH, J.

By petition duly verified on the 14th day of July, 1961 defendant-petitioner moves for a writ of error coram nobis to vacate a judgment of conviction on November 29, 1954.

The basis of the petition is that the court erred in sentencing defendant as a second offender to a term of not less than 5 nor more than 10 years and that defendant should be resentenced to a term of not less than 2½ nor more than 5 years as a...

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