People v. Beckwith

Defendant has moved for resentence as a first felony offender based upon an alleged unconstitutional conviction when he was 18 years old. The record discloses that this defendant has been convicted of felonies on three occasions, for forgery second degree in 1941; forgery second degree in 1943 and grand larceny second degree in 1962, all in Cortland County Court. On each of the second and third convictions he received additional punishment pursuant to section 1941 of the Penal Law.

On January 14, 1964, an order was made by the then County Judge of Cortland County setting aside the 1941 forgery…