People v. Wright

Defendant, serving a sentence as a second felony offender, moves for resentenee as a first felony offender in connection with his conviction in Cortland County Court on October 11,1937 for attempted robbery in the first degree.

No issue of fact is raised in the petition. Defendant was originally convicted in Cattaraugus County Court on October 22,1934 for grand larceny and sentenced to the Elmira Reformatory. This was the underlying felony conviction for the present sentence.

On May 15, 1961 the Cattaraugus County Court set aside the prior sentence for failure on sentencing to comply with…