People v. Farda

The defendant-petitioner previously petitioned for a writ of error coram nobis claiming that he was illegally sentenced as a third offender on November 21, 1949, for the reason that upon his plea of guilty to rape in the second degree as charged in a 1942 indictment he was sentenced to serve a term of nine months in the Oneida County Jail instead of a State prison and, therefore, the charge against him must have been a misdemeanbr. This petition was denied on April 18, 1961 without a hearing by order dated that day.

On the same day defendant-petitioner verified a petition to amend his previous…