People ex rel. Moore v. Deegan
New York County Courts
1Opinion of the CourtRichard J. Shat, J.
The petitioner in this matter is here by virtue of a writ of habeas corpus and order signed by the Cayuga County Court directing:
First, that the sentence imposed on November 13, 1951 under the provisions of section 2189-a of the former Penal Law committing the petitioner to an indeterminate, one-day-to-life term of confinement be vacated and set aside; and
Second, that the petitioner be re-examined prior to resentence and be afforded all the rights and privileges enumerated in People v. Bailey (21 N Y 2d 588) and thereafter be resentenced.
The Bailey case prescribed a procedure to be followed…