PEOPLE v. DARLING


54 Misc.2d 442 (1967)

The People of the State of New York, Respondent, v. Ralph Darling, Defendant.

County Court, Broome County.

July 21, 1967


Attorney(s) appearing for the Case

Ralph Darling, defendant in person. Stephen Smyk, District Attorney (Herbert A. Kline of counsel), for respondent.


JOHN M. KEANE, J.

This proceeding is an application for a writ of error coram nobis. In the petition filed by the defendant, he seeks relief on the ground that the court did not have a psychiatric report before it at the time sentence was pronounced.

Defendant was convicted of the crime of sodomy in the second degree. Apparently he has misread the application of section 2189-a of the Penal Law which requires a pre-sentence psychiatric report...

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