Majority
p. 839The People of the State of New York, Respondent, v. Willard Spaulding Deal, Appellant.
Order unanimously reversed, sentence vacated, and matter remitted to Ontario County Court for further proceedings in accordance with the following Memorandum: There shall be filed a new and current psychiatric examination and a proper report which meets the requirements of section 2189-a of the Penal Law as construed by People v. Jackson ( 20 A D 2d 170 , 174). Thereafter the court should impose sentence in the light of such report. (Appeal from order of Ontario County Court denying, without a hearing, motion to vacate judgment of conviction rendered January 10, 1964.) Present — Williams, P. J., Bastow, Goldman, Del Yecchio and Marsh, JJ.
Cases cited
- People v. Jackson 20 A D 2d 170 at 174 p. 839