Opinion
February 22, 1962
Appeal from the Monroe County Court.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously reversed and matter remitted to Monroe County Court for a hearing in accordance with the memorandum. Memorandum: The hearing should be limited to the question of whether or not section 662-a of the Code of Criminal Procedure was complied with by service upon the attorney for the defendant of a copy of the psychiatrist's report made pursuant to section 662 of the Code of Criminal Procedure. We do not reach or pass upon the question of the extent of the relief the appellant may be entitled to in the event of a finding of noncompliance with section 662-a.