Opinion
June 29, 1967
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 10, 1966, convicting him of burglary in the third degree and grand larceny in the second degree, upon a jury verdict, and imposing sentence. Action remitted to the trial court for the purpose of holding a hearing and making a determination on the issue of defendant's sanity at the time of trial. In the interim, the appeal will be held in abeyance. The procedure prescribed in People v. Korda ( 24 A.D.2d 577) should be followed. In our opinion, a hearing is mandated as to the issue of defendant's sanity at the time of trial in view of the presentence confirmation of the psychiatric report finding defendant insane and incapable of defending the action in view of his conduct at trial ( People v. Blando, 23 A.D.2d 761). Such hearing must be held with due regard for defendant's full constitutional rights ( People v. Hudson, 19 N.Y.2d 137). Beldock, P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.