PEOPLE v. KEARNEY


45 Misc.2d 1041 (1965)

The People of the State of New York, Plaintiff, v. Thomas Kearney, Defendant.

Supreme Court, Erie County.

April 20, 1965


Attorney(s) appearing for the Case

Michael F. Dillon, District Attorney (Peter J. Notaro of counsel), for plaintiff. Thomas Kearney defendant in person.


HAMILTON WARD, J.

This is an application for an order vacating a sentence of this court pronounced upon the defendant in 1954 as a third felony offender and directing a resentence. The petition alleges that one of the predicate judgments of conviction had in the Province of Ontario, Canada, in 1932, is invalid because the petitioner was not represented by counsel in that proceeding and did not intelligently...

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