People v. Machado

Defendant moves for a writ of error coram nobis and for an order correcting defendant’s sentence.

He urges three separate grounds for such relief.

First, that at the time he was sentenced'as a second felony offender under this indictment, he was in fact and in law a first offender and not subject to the additional punishment imposed pursuant to section 1941 of the Penal Law.

Second, that the out-of-State offense described in the prior offense information which formed the basis for sentencing defendant as a second felony offender in this court, was not in fact or in law an offense which would…