People v. Marino

The defendant pleaded guilty to the crimes of unlawful entry and petit larceny on June 1, 1967. He was sentenced on October 16,1967, for unlawful entry, to the penitentiary of the City of New York under former article 7-A of the Correction Law (§§ 200-208). Sentence was suspended on the petit larceny count.

He now applies to be resentenced on the ground that the sentence imposed was illegal. He alleges that inasmuch as the former article 7-A — Parole System in Certain Cities (Correction Law, § 200 et seq.) —was repealed by section 6 of chapter 324 of the Laws of 1967, effective September…