People v. Turner

Order unanimously reversed and matter remitted to Monroe County Court for a hearing. Memorandum: Appellant was sentenced in Monroe County Court in November, 1966 as a second felony offender based upon a 1957 felony conviction in Wayne County. Thereafter he presented a petition to Monroe County Court to be resenteneed as a first offender. It was alleged in a verified petition that subsequent to imposition of the sentence in Monroe County he was returned to Wayne County where the court vacated the earlier judgment and petitioner was permitted to plead guilty anew to the crime of robbery, second…