PEOPLE v. MACKIE


20 A.D.2d 918 (1964)

The People of the State of New York, Respondent, v. Leroy J. Mackie, Appellant

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

April 20, 1964


Order reversed on the law and the facts, and proceeding remitted to the Criminal Term, Supreme Court, Kings County, for the purpose of: (a) holding a hearing and taking proof on the issue of defendant's sanity at the time of his plea and sentence; and (b) making a determination on the basis of all the proof adduced.

We are of the opinion that defendant's claim of insanity at the time he pleaded guilty and at the time of sentence presented issues which required a hearing...

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