PEOPLE v. MOORE

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, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.