People v. Auth

Judgment unanimously reversed and a new trial granted. Memorandum: Defendant was tried in Onondaga County Court on six counts of forgery in the second degree, found guilty by a jury on all six counts and sentenced on July 1, 1955 to a term of not less than five years nor more than 15 years. Subsequently, defendant made an application to be resentenced on the ground that he had not been informed of his right to appeal. Following a hearing held pursuant to People v. Montgomery (24 N Y 2d 130), the court granted his request and, on June 15, 1970, it resentenced defendant, a second felony…