People v. Voelker

-Judgment of resentence of Erie County Court reversed and set-aside and the judgment of resentence heretofore and on the 17th day of May, 1927, imposed by this court^[1] shall remain in full force and effect, upon the ground that the resentence and judgment of imprisonment, pursuant to sections 1941 and 1943 of the Penal Law,^[2] appealed from, are illegal for failure to vacate the previous sentence by the Supreme Court; and upon the further ground that the allegation in the information of a previous conviction for a crime which, if committed within this State, would be a felony, was not legally proved. In such a proceeding the court is confined to the facts charged in the indictment upon which the previous conviction was had. Proof of other facts may not be received. All concur. Present — Hubbs, P. J., Clark, Sears, Crouch and Sawyer, JJ.