PEOPLE v. SAWDEY


24 A.D.2d 1073 (1965)

The People of the State of New York, Respondent, v. Robert E. Sawdey, Appellant

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

December 9, 1965


Judgment insofar as it imposes sentence upon defendant unanimously reversed, sentence vacated, and matter remitted to Ontario County Court for proceedings on resentence in accordance with the memorandum.

Memorandum:

The defendant was convicted of violation of subdivision 5 of section 242 of the Penal Law, assault second degree, and was sentenced March 20, 1964, to an indeterminate term of one day to life. While prior to sentence a

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