People v. Smith

Defendant appeals from an order of the County Court, Queens County, denying his motion to vacate a sentence as a second felony offender and to impose a sentence as a first offender. Defendant claim that his sentence as a second offender is erroneous in that the jury’s verdict on his prior conviction, finding him guilty of both the larceny and criminal receiving of the same goods, is inconsistent. Order affirmed. No opinion. Nolan, P. J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.