PEOPLE v. ZARCONE


15 A.D.2d 505 (1961)

The People of the State of New York, Respondent, v. Salvatore Zarcone, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 4, 1961


Order reversed, and application remitted to the County Court: (a) for the purpose of holding a hearing and taking proof with respect to defendant's mental condition during the 30-day period after March 20, 1953 (the date of the judgment of conviction) — this being the time limited by statute for the taking of an appeal from the judgment; and (b) for the purpose of making a determination based upon the evidence adduced at such hearing.

In our opinion, upon the...

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