PEOPLE v. KILDARE


34 Misc.2d 822 (1962)

The People of the State of New York, Plaintiff, v. John Kildare, Defendant.

Court of General Sessions of County of New York.

June 14, 1962


Attorney(s) appearing for the Case

John Kildare, defendant in person. Frank S. Hogan, District Attorney (Edward M. Davidowitz of counsel), for plaintiff.


THOMAS DICKENS, J.

Defendant moves for an order to set aside the sentence imposed upon him as a second felony offender, and for a resentence.

The basis of this motion is that defendant was sentenced as a second felony offender on the previous conviction for a crime to which he had not pleaded guilty; consequently, he declares that the present sentence, as it now stands, is erroneous, and therefore, "this court issue an order for the purpose of...

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