People v. Reed

Order unanimously reversed on the law, motion granted and matter remitted to Monroe County Court for resentencing in accordance with the following Memorandum: Defendant contends that County Court erred in failing to grant his motion pursuant to CPL 440.20 to set aside as illegal the sentence of imprisonment imposed in 1954 on his conviction of rape in the first degree. We agree. Defendant established that, when he was sentenced in 1954 to a term of imprisonment of one day to life, no hearing was conducted to afford him the opportunity to rebut the People’s psychiatric proof or to submit his…