People v. Moore

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAAC MOORE, Appellant

Court: Court of Appeals of the State of New York

Date published: Dec 30, 1965

213 N.E.2d 892 (N.Y. 1965)

266 N.Y.S.2d 812

17 N.Y.2d 455

Opinion

Argued November 30, 1965

Decided December 30, 1965

Appeal from the Supreme Court in the Second Judicial Department.

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, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.