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PEOPLE STATE NEW YORK v. HAZEN LEROY FOSTER (10/31/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT


October 31, 1968

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
HAZEN LEROY FOSTER, APPELLANT

Appeal from order of Cattaraugus County Court denying, without a hearing, motion to vacate judgment of conviction for sodomy, first degree, rendered January 6, 1964.

Bastow, P. J., Williams, Del Vecchio, Marsh and Witmer, JJ.

Order unanimously reversed and judgment insofar as it imposed sentence vacated and matter remitted to Cattaraugus County Court for a hearing in accordance with the following Memorandum: Order unanimously reversed and judgment insofar as it imposed sentence vacated and matter remitted to Cattaraugus County Court for a hearing in accordance with the following Memorandum: The court shall conduct a hearing as to the sentence to be imposed upon such conviction in accordance with People v. Bailey (21 N.Y.2d 588) and thereupon resentence defendant in the light of the evidence adduced at such hearing. (See, also People v. Schaap, 28 A.D.2d 1202.)

19681031

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