People v. Riera
This text of 29 A.D.2d 985 (People v. Riera) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order of the Supreme Court, Queens County, dated June 27, 1966, reversed, on the law and the facts, sentence vacated and action remitted to said court for further proceedings in accordance herewith. 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. MeCraw (21 N Y 2d 588), shall also be accorded defendant. Beldock, P. J., Christ, Rabin, Benjamin and Munder, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
29 A.D.2d 985, 290 N.Y.S.2d 250, 1968 N.Y. App. Div. LEXIS 4205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-riera-nyappdiv-1968.