People v. Garland

Appeal by the People from a judgment of the former County Court, Kings County, rendered September 1, 1961 on defendant’s plea of guilty, convicting her of attempted felonious possession of narcotic drugs (Penal Law, § 1751) and sentencing her, as a first felony offender, to serve a term of 3 years and 9 months to 7% years. Judgment reversed on the law, and action remitted to the Criminal Term, Supreme Court, Kings County for resentencing of the defendant as a second felony offender. The facts are affirmed. The court below, at the time of defendant’s sentencing, dismissed a second felony…