People v. Cole

This is an application in the nature of a writ of error coram nobis wherein the petitioner contends that he was illegally sentenced on December 19, 1946, to a term of five to seven years upon conviction of the crime of escape under section 1694 of the Penal Law.

Under date of June 15, 1951, this court determined that the petitioner had been illegally sentenced upon'conviction for the crimes of grand larceny and escape as a second offender under section 1941 of the Penal Law in that there had not been compliance with section 1943 of the Penal Law. (People v. Cole, 200 Misc. 442.) Upon his…