People v. Hutchings

The defendant, after trial, was convicted of the crime of rape, first degree, and following a psychiatric examination was .sentenced for a term of from one day to life, which conviction was affirmed by this court (36 A D 2d 659), and thereafter permission to appeal to the Court of Appeals was denied.

Approximately three years subsequent to the sentence, the defendant moved to set aside the sentence as invalid as the defendant was not receiving the rehabilitation or psychiatric treatment, or both, as required by the statute. The court set aside the sentence and directed a new sentence of 10 to…