People v. Colon

Judgment of the Supreme Court, Bronx County (Daniel McMahon, J.), rendered March 1, 1979, convicting defendant, after a jury trial, of murder in the second degree and sentencing him to a term of imprisonment of 25 years to life, is unanimously modified, on the law, solely to the extent of vacating the sentence imposed and remanding the matter for resentencing, and otherwise affirmed.

Defendant was indicted in 1977 for the murder of one "Hickey, Jr.”. He received a pretrial competency hearing pursuant to CPL 730.30, after which Criminal Term concluded that the People had proved by a…