Opinion
Submitted December 11, 1969
Decided January 8, 1970
Appeal from the Supreme Court for the Second and Eleventh Judicial Districts in the Second Judicial Department, GEORGE S. RADER, P.J., MORGAN E. LANE and PAULINE J. MALTER, JJ., HOWARD B. GLIEDMAN, P.J., JOHN F. FUREY and EDWARD D. CAIAZZO, JJ.
Lewis B. Oliver, Jr. and Milton Adler for appellant.
Eugene Gold, District Attorney ( Harold L. Levy of counsel), for respondent.
Judgment reversed and the case remitted to the Criminal Court of the City of New York for resentencing of defendant in the following memorandum: Inasmuch as section 203 of the Correction Law was effectively repealed prior to the date of sentencing herein, the trial court erred in imposing sentence thereunder. The defendant could only have been sentenced under section 1937 of the former Penal Law which limited the extent of his possible sentence to one year in prison and a $500 fine. (See People v. Monteleone, 30 A.D.2d 158.)
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.