People ex rel. Barrett v. Hunt

— Order affirmed, without costs. Memorandum: Section 1943 of the Penal Law provides that in the case of the resentence of a prisoner the court “ shall vacate the previous sentence, deducting from the new sentence all time actually served on the sentence so vacated.” A judgment rendered by a court in a criminal case *920must conform strictly to the statute. (People ex rel. Friedman v. Hayes, 172 App. Div. 442, 445.) The judgment of February 14, 1936, that the relator be imprisoned in Auburn Prison for the term of eleven years and six months did not comply with the above provision of the Penal Law…