People v. Kadio

Appeal from an order of the Schenectady County Court denying defendant’s motion for a writ of error coram nobis. In 1937 defendant was convicted of a crime in Pennsylvania and the question here is whether that conviction was for a “crime” which “if committed within this state, would be a felony” (Penal Law, § 1941; People v. Olah, 300 Ñ. Y. 96). Defendant has been sentenced as a second offender, the Pennsylvania conviction being treated as the first felony. The County Court has dismissed a writ of error corám nobis addressed to the sufficiency of the Pennsylvania conviction to constitute a “…