People v. Smith
| Decision Date | 10 April 1969 |
| Citation | 248 N.E.2d 599,300 N.Y.S.2d 850,24 N.Y.2d 841 |
| Parties | , 248 N.E.2d 599 PEOPLE, etc., Respondent, v. Preston SMITH, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 30 A.D.2d 1053, 294 N.Y.S.2d 693. Frederick J. Murphy, New York City, for defendant-appellant.
George J. Aspland, Riverhead (Joseph F. O'Neill, Riverhead, of counsel), for respondent.
Defendant made application for writ of error coram nobis to vacate judgment resentencing him to indeterminate term of imprisonment of one day to life for his conviction inter alia of first degree rape.
The County Court, Suffolk County, entered an order denying, without a hearing, the application, the defendant appealed.
The Appellate Division entered an order October 7, 1968 which affirmed the order of the County Court.
The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals, contending that he should have been given an opportunity to controvert psychiatric report which, prior to his sentencing, had been ordered under Section 2189--a of the former Penal Law, Consol. Laws, c. 40. The People of the State of New York agreed in the Court of Appeals that defendant should be granted a hearing.
Order reversed and the case remitted to Suffolk County Court for resentencing (See People v. Bailey, 21 N.Y.2d 588, 289 N.Y.S.2d 943, 237 N.E.2d 205).
All concur.
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