People v. Ayers

Appellate Division of the Supreme Court of New York

People v. Ayers

70 A.D.2d 763, 417 N.Y.S.2d 540, 1979 N.Y. App. Div. LEXIS 12251

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 22, 1979

StatusPublished

Cited by1 cases

This text of 70 A.D.2d 763 (People v. Ayers) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Ayers, 70 A.D.2d 763, 417 N.Y.S.2d 540, 1979 N.Y. App. Div. LEXIS 12251 (N.Y. Ct. App. 1979).

Pincite

Opinion

— Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and defendant remanded to Monroe County Court for further proceedings in accordance with memorandum, and otherwise judgment affirmed. Memorandum: At the time of sentencing defendant as a second felony offender, the court summarily rejected defendant’s efforts to challenge the validity of the predicate felony on constitutional grounds. This was error. A hearing was required. (CPL 400.21, subd 7, par [b]; see People v Johnson, 62 AD2d 1174; People v Thompson, 60 AD2d 765; People v Fraser, 54 AD2d 965; People v Lindbergh, 33 AD2d 800.) We have reviewed defendant’s other contentions and have found them to be without merit. (Appeal from judgment of Monroe County Court — robbery, first degree.) Present — Simons, J. P., Hancock, Jr., Callahan, Witmer and Moule, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment, insofar as it imposes sentence, unanimously reversed, on the law, and defendant remanded to Monroe County Court for further proceedings in accordance with memorandum, and otherwise judgment affirmed. Memorandum: At the time of sentencing defendant as a second felony offender, the court summarily rejected defendant’s efforts to challenge the validity of the predicate felony on constitutional grounds. This was error. A hearing was required. (CPL 400.21, subd 7, par [b]; see People v Johnson, 62 AD2d 1174; People v Thompson, 60 AD2d 765; People v Fraser, 54 AD2d 965; People v Lindbergh, 33 AD2d 800.) We have reviewed defendant’s other contentions and have found them to be without merit. (Appeal from judgment of Monroe County Court — robbery, first degree.) Present — Simons, J. P., Hancock, Jr., Callahan, Witmer and Moule, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

70 A.D.2d 763, 417 N.Y.S.2d 540, 1979 N.Y. App. Div. LEXIS 12251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ayers-nyappdiv-1979.

Opinion

Related

Cite This Page — Counsel Stack