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PEOPLE v. GOMEZ

28 A.D.2d 737 (1967)

The People of the State of New York, Respondent, v. Nestor M. Gomez, Appellant

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

June 29, 1967

Action remitted to the trial court for the purpose of holding a hearing and making a determination on the issue of defendant's sanity at the time of trial. In the interim, the appeal will be held in abeyance. The procedure prescribed in People v. Korda (24 A.D.2d 577) should be followed. In our opinion, a hearing is mandated as to the issue of defendant's sanity at the time of trial in view of the presentence confirmation of the...

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