People v. Paterno

The defendant pleaded guilty in County Court of this county to a charge of robbery in the second degree. At the time of sentence he also admitted that he was the same person who was, on July 16, 1937, convicted in Erie County of the crime of attempted- grand larceny in the second degree. On .this earlier conviction he had received a suspended sentence. In. our court, on the charge of robbery in the second degree, defendant was sentenced as a second offender. He now seeks an order for his return to court and for resentence, asserting that the conviction in Erie County is void.

It is claimed…