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PEOPLE v. CORTES

37 Misc.2d 121 (1962)

The People of the State of New York, Plaintiff, v. Pedro Cortes, Defendant.

Supreme Court, Special and Trial Term, New York County.

October 30, 1962

Attorney(s) appearing for the Case

Pedro Cortes, defendant in person. Frank S. Hogan, District Attorney, for plaintiff.

IRWIN D. DAVIDSON, J.

On April 26, 1962, petitioner, as a second misdemeanor narcotics offender, was sentenced to the city penitentiary for an indefinite term. He challenges that sentence by a writ of error coram nobis, claiming that under section 1751-a of the Penal Law he should be sentenced to a definite fixed term of not less than six months and not more than one year. He relies on People v. Bonano (11 A.D.2d 384

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