People v. Klein

Defendant appeals from an order of the County Court of Westchester County denying his application, in the nature of a writ of error coram nobis, to vacate a sentence imposed on him as a fourth felony offender and for resentence as a third offender. Defendant’s first conviction was in 1912, for the crime of carrying a dangerous weapon in violation of section 1897 of the Penal Law. At that time, the statute provided that such a violation was a felony. Section 1897 was amended in 1915, prior to the date of defendant’s conviction and sentence as a fourth offender, so as to constitute the same…