Judgment of resentence unanimously vacated and matter remitted to Chautauqua County Court for further proceedings in accordance with the memorandum.
Memorandum:
In 1950 defendant was convicted of grand larceny, first degree, in Chautauqua County Court upon his plea of guilty and sentenced as a second offender to a term of 8 to 20 years. In January, 1961 the Wyoming County Court sustained a writ of habeas corpus and remanded defendant to Chautauqua County Court...
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