Opinion
March 1, 1950.
Present — Peck, P.J., Dore, Cohn, Callahan and Van Voorhis, JJ.
This defendant, having pleaded guilty to information charging crime of attempting to issue a fraudulent check (Penal Law, § 1292-a), a misdemeanor, for which a maximum definite sentence of six months was allowed by law, was improperly sentenced to a one year's definite term of imprisonment. However, we cannot determine from the record whether the court intended to pass upon the question as to whether the defendant was amenable to correctional treatment, and, therefore, the judgment is unanimously reversed, and the defendant remanded for appropriate sentence.