New York Court of Appeals, 1985

People v. Scarbrough

People v. Scarbrough
New York Court of Appeals · Decided October 10, 1985
66 N.Y.2d 673; 487 N.E.2d 266; 496 N.Y.S.2d 409; 1985 N.Y. LEXIS 17231
People v. Scarbrough

Cases that cite this one

53 later published cases cite this decision. The 25 that cite it most often are listed here.

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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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.