People v. Kearney

This is an application for an order vacating a sentence of this court pronounced upon the defendant in 1954 as a'third felony offender and directing a resentence. The petition alleges that one of the predicate judgments of conviction had in the Province of Ontario, Canada, in 1932, is invalid because the petitioner was not represented by counsel in that proceeding and did not intelligently waive his right to counsel.

Prior to the amendment to section 1943 of the Penal Lavr by chapter 446 of the Laws of 1964, effective April 10, 1964, it was plain that predicate convictions from the courts of…