People v. Scarbrough
New York Court of Appeals
People v. Scarbrough, 66 N.Y.2d 673 (N.Y. 1985)
487 N.E.2d 266; 496 N.Y.S.2d 409; 1985 N.Y. LEXIS 17231
People v. Scarbrough
Opinion of the Court
OPINION OF THE COURT
Order reversed, the People’s motion pursuant to CPL 440.40 granted, sentence set aside and case remitted to Supreme Court, Niagara County, for the filing of a predicate felony statement prior to resentencing, for the reasons stated in the dissenting memorandum of Justice James H. Boomer at the Appellate Division (105 AD2d 1107-1109).
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.
Reference
- Full Case Name
- The People of the State of New York v. Lester Scarbrough
- Cited By
- 53 cases
- Status
- Published