Legal Opinion
People v. Hutchings
New York County Courts
Decided August 14, 1973PublishedCited by 2 opinions
1Opinion of the CourtRichard J. Shay, J.
On May 21, 1973,1 rendered an interim decision (People v. Hutchings, 74 Misc 2d 15) in this motion to set aside a one-day-to-life sentence (former Penal Law, § 2189-a) pronounced in this court on April 29, 1970. Because it was obvious the District Attorney of Cortland County was not in a position to answer the defendant’s allegations that he was not receiving rehabilitative treatment required under such a sentence, I directed the Attorney-General to assume this burden and refute, if possible, this. claim.
CPL article 440 provides for the denial of such a motion, without a hearing, where an…
2Cases cited1 opinion
3Cited by2 opinions
- United States of America Ex Rel. Larry David Hayden v. John R. Zelker, Warden of Green Haven State Correctional Facility, Stormville, New YorkCourt of Appeals for the Second Circuit · 1974
- People ex rel. Hutchings v. SmithAppellate Division of the Supreme Court of the State of New York · 1975