Appellate Division of the Supreme Court of New York, 1975

People v. Scott

People v. Scott
Appellate Division of the Supreme Court of New York · Decided December 2, 1975
50 A.D.2d 730; 376 N.Y.S.2d 1013; 1975 N.Y. App. Div. LEXIS 11501
People v. Scott

Opinion of the Court

— Judgment, Supreme Court, Bronx County, rendered on May 16, 1974, affirmed. (People v Wright, 50 AD2d 729.) Concur — Markewich, J. P., Kupferman, Nunez and Yesawich, JJ.; Murphy, J., dissents in the following memorandum: For the reasons stated in my dissent in People v Wright (50 AD2d 729), decided simultaneously herewith, I would reverse the judgment of conviction, insofar as it sentences defendant as a second felony offender, and remand for the resentencing of defendant as a first felony offender.

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