People v. Gifford

Appeal from an order of the Washington County Court, entered August 25, 1955, denying defendant’s application. Although the *643application is denominated one in the nature of a writ of coram nobis, we treat it as an application to vacate the sentence and for resentence. (People v. Shaw, 1 N Y 2d 30.) Defendant contends that he was improperly sentenced as a second offender in 1933, and that he was improperly sentenced as a third offender in 1949. Defendant was convicted in 1933 in the Washington County Court of burglary in the third degree. An information charging him with being a second offender…