PEOPLE v. SMITH


26 A.D.2d 656 (1966)

The People of the State of New York, Respondent, v. Preston Smith, Appellant

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

July 5, 1966


Judgment reversed on the law and action remitted to the County Court, Suffolk County, for resentence of defendant and for further proceedings in accordance herewith.

No questions of fact were considered. Defendant was sentenced originally on April 3, 1963, as a second felony offender. That sentence was vacated by the trial court because the procedure mandated by section 2189-a of the Penal Law had not been observed. Following the psychiatric examination required by...

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