People v. Adcock

Defendant’s coram nobis application, being an attack upon the validity of his sentence as a fourth felony offender, will be treated herein as one for resentence.

According to the record, on December 18, 1951, when defendant was sentenced as a fourth offender, the sentencing court included in the multiple punishment a prior sentence for a felony imposed upon defendant on February 10, 1925.

*759Defendant now maintains that, inasmuch as the prior sentence had preceded the enactment of sections 1941 and 1942 of the Penal Law, as amended by chapter 457 of the Laws of 1926, commonly known as the Baumes…