Per Curiam.
Upon his plea of guilty to two counts of an indictment charging the crime of robbery in the first degree defendant in 1947 was sentenced as a second offender by the County Court of the County of Chemung to a prison term of not less than 35 years nor more than 70 years. On April 1, 1953 the County Court of the County of Wyoming sustained a writ of habeas corpus and remanded defendant for resentencing as a first offender on the ground that the underlying...
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