People v. Moore

Judgment reversed and case remitted to the Criminal Court of the City of New York, County of Kings, for resentencing, on the ground that the record shows a finding that defendant was not capable of being rehabilitated. The sentence imposed was, therefore, illegal (People v. Gross, 5 N Y 2d 131).

Concur: Chief Judge Desmond and Judges Dye, Fttld, Van Voórhis, Burke, Scileppi and Beegan.