Opinion
Submitted October 10, 1947
Decided November 20, 1947
Appeal from the Supreme Court, Appellate Division, Third Department, O'CONNELL, J.
John Milton, appellant in person.
Nathaniel L. Goldstein, Attorney-General ( Wendell P. Brown and Irving I. Waxman of counsel), for respondent.
Orders reversed, and writ sustained to the extent that the matter is remitted to the Court of General Sessions of the County of New York for determination, upon a proper record, of whether relator was armed within the meaning of section 1944 of the Penal Law at the time of the commission of the felony for which he was punished, and relator remanded for resentence in accordance with such determination. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.