PEOPLE EX REL. DUNN v. MARTIN

Relator was convicted in the County Court of Warren County on his plea of guilty to the crime of assault in the second degree and was sentenced, as a second offender, to imprisonment in Clinton Prison under an indeterminate sentence of not less than six years nor more than eight years. Subsequently it was discovered that the sentence was erroneous and that relator should not have been sentenced as a second offender. He was returned to the County Court of Warren County and resentenced to a term of not less than two and one-half years and not more than five years. Relator's contention is that the court had no jurisdiction to correct the erroneous sentence. There is no merit in the contention. Order affirmed, without costs. All concur.