Judgment of resentence unanimously vacated and matter remitted to Supreme Court for further proceedings in accordance with the memorandum.
Memorandum:
In 1940 defendant was sentenced to a term of 30 years to life on his plea of guilty to an indictment charging him with the crime of murder in the second degree. Pursuant to an order in habeas corpus proceedings he was, on October 24, 1961, taken before the Supreme Court in Cayuga County for further proceedings...
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