Order unanimously affirmed.
Memorandum:
We affirm the order but not for the reasons stated by the court below. In 1961 defendant was sentenced as a second felony offender. In 1965 he filed an application for resentence upon the ground that the 1955 predicate Oklahoma conviction was constitutionally defective in that he was not advised of his right to counsel and was not represented by counsel. The opposing affidavit filed by the District Attorney has attached...
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