People v. Seymour

The defendant was convicted in this county of burglary in the third degree and petit larceny, after a trial by jury, on June 4,1953. Because of a prior felony conviction in Tompkins County, he was sentenced as a second offender to imprisonment in the Attica State Prison, for a term of not less than 5 years, nor more than 10 years.

Subsequently, the Tompkins County conviction was vacated, and he was resentenced under the June 4, 1953 conviction in Jefferson County, on February 9, 1955, to a term of not less than 3% years, nor more than 10 years, in Attica State Prison.

Thereafter, the defendant…