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PEOPLE v. RIERA

29 A.D.2d 985 (1968)

The People of the State of New York, Respondent, v. Pedro Riera, Appellant

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

April 22, 1968

In the absence of a proper psychiatric report pursuant to section 2189-a of the Penal Law, the sentencing court was without power to impose the one day to life sentence (People v. Kearse, 28 A.D.2d 910). A proper examination and report should be made before defendant is resentenced. A hearing, as indicated in People v. Bailey (21 N.Y.2d 588) and People v. McCraw (

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