People v. Moore (17 N.Y.2d 455, 1965)

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.