PEOPLE v. KRIEGER


38 A.D.2d 786 (1972)

The People of the State of New York, Respondent, v. Charles A. Krieger, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 20, 1972


Judgment unanimously modified on the law to the extent of vacating the sentence and matter remitted to Ontario County Court for further proceedings in accordance with the following memorandum: Appellant was originally sentenced as a second felony offender on November 27, 1961 following his plea of guilty. Upon allegation that he was not advised of his right to appeal, he was resentenced by the Ontario County Court pursuant to People v. Montgomery (

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