Appellate Division of the Supreme Court of the State of New York December 10, 1964 (People ex rel. Bell v. La Vallee)

Order unanimously reversed on the law, writ dismissed, and relator remanded to the custody of the Warden of Auburn Prison; Memorandum: The Warden of Auburn Prison appeals from an order of Cayuga County Court which sustained a writ of habeas corpus, vacated a sentence imposed upon relator as a second felony offender and directed that he be resentenced as a first felony offender.