Majority
p. 768The People of the State of New York, Respondent, v. Frank Tillman Lewis, Appellant.
In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered January 29, 1964, which denied without a hearing his application to vacate a judgment of said court, rendered September 18, 1962, convicting him of attempted robbery in the third
p. 769
degree, unarmed, upon his plea of guilty, and imposing sentence upon him as a second felony offender. Order affirmed. In our opinion, defendant was properly sentenced as a second felony offender. The Pennsylvania conviction upon which his second felony status was predicated was for a crime which would have been a felony if committed in New York (cf. Penal Law, § 1296, subd. 2).
Beldoek, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.