
    The People of the State of New York, Respondent, v. Larry Franks, Appellant.
   No opinion. Martuscello, Acting P. J., Latham, Brennan and Benjamin, JJ., concur; Shapiro, J., dissents and votes to modify the order so as to grant defendant’s motion to the extent of directing resentencing of defendant as a second felony offender upon the 1959 judgment (People v. Shaw, 1 N Y 2d 30).  