¶1Judgment of conviction and order, rendered on January 23, 1956, resentencing defendant unanimously vacated on the ground that, in the absence of both defendant and his attorney, there was no authority to alter the judgment and sentence rendered and imposed July 30, 1954 (Code Grim. Pro., §§ 356, 473), and the action is remitted to the Court of General Sessions for resentencing or such other proceedings which may be appropriate. Concur — Breitel, J. P., Rabin, Cox, Frank and Bastow, JJ. [See ante, p. 402.]
1 A.D.2d 949
People v. Saperstein
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1956
Appellate Division of the Supreme Court of the State of New York · decided 1956-04-24
Cited by 2 later decisions — most recently December 1977
Good law ✅— No negative treatment on recordhow we know
Decided 1956-04-24
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