Opinion
Argued May 27, 1960
Decided July 8, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE M. CARNEY, J.
Robert D. Schneider for appellant.
Frank S. Hogan, District Attorney ( Peter R. Rosenblatt of counsel), for respondent.
Order reversed, and matter remitted to the Court of General Sessions with directions to grant the application to vacate the sentence and to resentence defendant without the imposition of the additional sentence under section 1944 of the Penal Law. (See People v. Griffin, 7 N.Y.2d 511.) No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.