His sentence of five years was suspended during good behavior. He was represented by counsel. On August 4, 1938 the suspended sentence was revoked for violation of its conditions. Later that same day the former sentence of five years was also revoked as improper since defendant had not been previously convicted of a felony. He was resentenced to a term of not less than three nor more than five years to Attica State Prison. While counsel was not present when the former sentence...
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