PEOPLE EX REL. BATTLE v. HEROLD


20 A.D.2d 747 (1964)

The People of the State of New York ex rel. John Joseph Battle, Appellant, v. Ross E. Herold, as Acting Director of Dannemora State Hospital, Respondent

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

February 25, 1964


The resentence was invalid because defendant was not personally present (Code Crim. Pro., § 473). We do not pass upon relator's other contentions.

Order reversed, on the law, writ sustained and relator remanded to the County Court of Albany County for...

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