SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
December 1, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
HAROLD DAVIS, APPELLANT
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered October 24, 1967, convicting him of unlawful entry, upon a plea of guilty, and sentencing him to an indefinite term in the New York City Penitentiary. It appears, however, that the judgment was vacated on August 15, 1968, at which time appellant was resentenced by said court, nunc pro tunc, to a one-year term (with credit for time served); and hence we have reviewed the judgment of resentence (Code Crim. Pro., § 524-c). Judgment on resentence, rendered August 15, 1968, affirmed.
Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.
Appeal from judgment rendered October 24, 1967 dismissed as academic.
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