People v. Machado

In a proceeding by defendant, designated by him as one for a writ of error coram nobis, to vacate his sentence as a second felony offender and to be resentenced as a first felony offender upon a judgment of the former County Court, Queens County, rendered June 10, 1960 on his plea of guilty, convicting him of assault in the second degree, the defendant appeals from an order of said court, dated March 28, 1962 denying his application. The court considered defendant’s application as a motion for resentence and denied it on the merits (see 34 Misc 2d 408). Appeal dismissed. Whether defendant’s…