People v. Miller

Motion by the defendant above named to correct a judgment of conviction and for resentence. I am entertaining this motion upon the request and with the consent of the trial judge of this court by whom the defendant was sentenced on November 30, 1936, after his plea of guilty of attempted grand larceny, second degree, as a second offender, to an indeterminate term in State’s prison at Sing Sing.

After due consideration, the court is satisfied that the crime charged in the indictment was committed by the defendant on May 15, 1935, and not on May 15, 1936, as erroneously stated in the indictment.

T…