People v. Fischer

The defendant moves “ to vacate and set aside an erroneous judgment of conviction * * * and for the setting aside of an imposed sentence of 5 to 10 years, and for the imposition of a modified and proper sentence ”.

The defendant was indicted in Queens County on June 27, 1945 for the crimes of burglary in the third degree and possession of burglar’s instruments as a felony. On December 12, 1945, in this court, the defendant pleaded guilty to the crime of attempted burglary, third degree as a second felony offender. The prior conviction, which the People contend makes the defendant a second…