The appellant, on January 15, 1953, was sentenced to a term of 5 to 10 years following a plea of guilty to assault, first degree, and to a term of 3½ to 7 years upon a plea of guilty to violation of subdivision 5-a of section 1897 of the Penal Law, carrying a concealed weapon without license. The petition for the issuance of a writ was based on a claim that since he pleaded guilty to assault in the first degree while carrying a loaded firearm, he could not be convicted...
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