Opinion
May 16, 1947.
Appeal from Clinton County Court.
Relator was sentenced as a second offender. He claims that he was not properly sentenced because the provisions of section 1943 of the Penal Law were not complied with. However, it appears that he was indicted as a second offender, and apparently, convicted as such. This procedure was proper. ( People v. Gowasky, 244 N.Y. 451. ) Order affirmed, without costs. All concur.