PEOPLE v. HINES


18 A.D.2d 1016 (1963)

The People of the State of New York, Respondent, v. Frank Hines, Appellant

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

March 18, 1963


Order reversed on the law and the facts, and proceeding remitted to the court below for the purpose of holding a hearing, taking proof on the issue of defendant's sanity at the time of his plea and sentence, and making a determination on the basis of all the proof adduced.

The defendant's claim that he was insane when he pleaded guilty and when he was sentenced, supported by some evidence of the fact, requires a hearing (People v. Sprague,

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