People v. Gerstenfeld

The defendant brought on a motion for resentence as a first, rather than as a second, felony offender with respect to a judgment of this court dated April 8, 1957, convicting him, on his own plea of guilty to the crime of attempted grand larceny in the second degree, and sentencing him, as a second felony offender, to a term of two and a half years to four years.

The former conviction, relied upon as a basis for defendant’s status as such second felony offender, occurred in the United States District Court for the Southern District of New York upon defendant’s conviction, by verdict of a jury,…