¶1Order of the Supreme Court, Queens County, dated June 27, 1966, reversed, on the law and the facts, sentence vacated and action remitted to said court for further proceedings in accordance herewith. In the absence of a proper psychiatric report pursuant to section 2189-a of the Penal Law, the sentencing court was without power to impose the one day to life sentence {People v. Kearse, 28 A D 2d 910). A proper examination and report should be made before defendant is resentenced. A hearing, as indicated in People v. Bailey (21 N Y 2d 588) and People v. MeCraw (21 N Y 2d 588), shall also be accorded defendant. Beldock, P. J., Christ, Rabin, Benjamin and Munder, JJ., concur.
29 A.D.2d 985
People v. Riera
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 1968
Appellate Division of the Supreme Court of the State of New York · decided 1968-04-22
Cited by 1 later decisions — most recently January 1971
1 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Decided 1968-04-22
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