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PEOPLE EX REL. KOTASEK v. PERHACH

22 A.D.2d 995 (1964)

The People of the State of New York ex rel. Karl M. Kotasek, Appellant, v. John M. Perhach, as Sheriff of The County of Broome, Respondent

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

December 23, 1964

Per Curiam.

It seems to be agreed that the sole question presented is whether or not a County Court may, in its appellate capacity, remand a prisoner to a Special Sessions Court for resentencing after setting aside an illegal sentence. In 1953 section 764-a of the Code of Criminal Procedure was enacted by the Legislature to provide that a Court of Special Sessions may correct an illegal sentence at any time and may continue for such purpose. The petitioner...

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