People v. Tramonti

The defendant makes a motion for an order vacating and setting aside the sentence heretofore imposed upon him as a second offender and prays that he be resentenced as a first offender and receive the benefit of an indeterminate sentence upon the ground that at the time the sentence was imposed in this court he was not a second offender.

The defendant appeared in the Bronx County Court and pleaded guilty to the charge of grand larceny in the second degree and received a definite sentence of seven years in State prison and is now serving that sentence.

If his contention be correct, the maximum…