People v. Esposito

Defendant Esposito applies for resentence. The court so treats his application by way of notice of motion, petition, answering affidavit and transmittal letter.

Defendant was convicted on a plea of guilty to the crime of grand larceny, second degree. He was sentenced by the Hon. John Gahloway, County Judge of Westchester County, on January 21, 1964 as a second felony offender, to a term of imprisonment of three and one half to five years. He seeks to attack the validity of the predicate conviction which was rendered according to law, in the Bronx County Court on June 2, 1952.

His argument,…