People v. Kelly

The defendant had originally been sentenced as a second offender to a term of six to seven years, on a plea of guilty to an indictment charging him with the crime of escape in violation of section 1694 of the Penal Law. Subsequently, he attacked the sentence by a writ of error coram nobis and the sentence was vacated, upon the ground that it was improper to sentence the defendant as a second offender, since the second and third offender statute (Penal Law, § 1941) did not apply to the crime of escape (Penal Law, § 1699). It was accordingly ordered that the defendant be resentenced as a first…