People v. Domkiewicz

This is a motion to expunge a sentence of life imprisonment imposed upon the above-named defendant by this court and to impose a new sentence. The defendant was sentenced on February 28, 1930, upon his plea of guilty to robbery, first degree. The power of the court to so act must be predicated upon the premise that the first sentence was void and not simply erroneous, in which event such authority exists. (Matter of Cropsey v. Tiernan, 172 App. Div. 435; People ex rel. Friedman v. Hayes, Id. 442.) The motion might be determined upon the ground that defendant’s claim, although he designates it…