Majority
p. 1032The People of the State of New York, Respondent, v. George Albert Berry, Appellant.
Order unanimously affirmed. (Appeal from order of Onondaga County Court denying, without a hearing, a motion to vacate a judgment of conviction for burglary, third degree, entered February 27, 1962, being a resentence under a judgment of conviction previously entered on April 14, 1955.) Present — Williams, P. J., Bastow, Goldman, Halpern and McClusky, JJ.