
    The People of the State of New York, Respondent, v. Stephen J. Sanzone, Appellant.
    Argued October 13, 1948;
    decided January 13, 1949.
    
      
      James A. Fits Patrick for appellant.
    
      Charles P. Sullivan, District Attorney (Howard R. Lonergcm of counsel), for respondent.
   On this meager record the sentencing conrt was not justified in sentencing the defendant as a second offender. Judgment modified hy remitting case to County Conrt of Queens County for resentenee, and as so modified affirmed. No opinion.

Concur: Loughraw, Ch. J., Lewis, CoNWay, DesmoNd, Dye and Ftjld, JJ.  