
    The People of the State of New York, Respondent, v. Joseph Sumpter, Appellant.
   Appeal by defendant from an order of the County Court, Kings County, dated November 23, 1959, denying, without a hearing, his motion for resentence as a first felony offender, rather than as a second felony offender. On April 4, 1957, judgment was rendered by said court convicting defendant, on his plea of guilty, of attempted sale of narcotics as a felony, and sentencing him as a second felony offender to serve a term of 5 to 10 years. For the purposes of this appeal the order appealed from has been considered as one denying a motion to vacate a judgment of conviction, otherwise known as a motion or application for a writ of error coram nobis (Code Grim. Pro., § 517). Order affirmed. No opinion. Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ,, concur.  