People v. Coleman , 261 N.Y.S. 18 ( 1932 )

Sherman, J.

For the reasons stated in the prevailing opinion in People v. Heath (237 App. Div. 209), handed down herewith, the judgment of conviction was correct but the sentence imposed does not conform to the statute; therefore, the said judgment should be affirmed, the sentence set aside as illegal, the order appealed from reversed, and defendant remanded for resentence.

Finch, P. J., O’Malley and Townley, JJ., concur; Martin, J., dissents and votes for affirmance of said judgment and order.