People v. Sanacory

Order of the Supreme Court, Westchester county, entered August 27, 1935, granting the district attorney’s motion to vacate the original sentence imposed April 1, 1932, and resentencing the defendant, affirmed, on authority of People v. Procito (261 N. Y. 376). Lazansky, P. J., Young and Adel, JJ., concur; Davis and Johnston, JJ., dissent and vote to reverse the order, to deny the motion and to confirm the original sentence as valid, with the following memorandum: Defendant, a first offender, was convicted of assault in the first degree, committed while armed with a dangerous weapon. On April…