Majority
p. 455The People of the State of New York, Respondent, v. Isaac Moore, Appellant. Argued November' 30, 1965; decided December 30, 1965.
Kalman Finkel and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney (Michael Schwartz of counsel), for respondent.
Judgment reversed and case remitted to the Criminal Court of the City of New York, County of Kings, for resentencing, on the ground that the record shows a finding that defendant was not capable of being rehabilitated. The sentence imposed was, therefore, illegal (People v. Gross, 5 N Y 2d 131 ).
Concur: Chief Judge Desmond and Judges Dye, Fttld, Van Voórhis, Burke, Scileppi and Beegan.
Cases cited
- People v. Gross 5 N Y 2d 131 p. 455