People v. Ferrin

Appellate Division of the Supreme Court of New York

People v. Ferrin

161 A.D.2d 1199, 558 N.Y.S.2d 869, 1990 N.Y. App. Div. LEXIS 9222

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

DecidedMay 11, 1990

StatusPublished

This text of 161 A.D.2d 1199 (People v. Ferrin) 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. Ferrin, 161 A.D.2d 1199, 558 N.Y.S.2d 869, 1990 N.Y. App. Div. LEXIS 9222 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment unanimously modified on the law by vacating the sentence imposed and as modified affirmed, and matter remitted to Cayuga County Court for resentencing, in accordance with the following memorandum: Defendant appeals from a judgment convicting him of robbery in the second degree, arguing that the court improperly sentenced him as a persistent felony offender. We agree. The court failed to file the statement required by CPL 400.20 (3) or to follow the other procedures required by CPL 400.20. Defendant’s sentence must be vacated and the matter remitted for resentencing. We have examined defendant’s remaining arguments on appeal, raised by his attorney and by defendant in his pro se brief, and find that none has merit. (Appeal from judgment of Cayuga County Court, Corning, J.— robbery, second degree.) Present—Denman, J. P., Boomer, Pine, Davis and Lowery, JJ.

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Judgment unanimously modified on the law by vacating the sentence imposed and as modified affirmed, and matter remitted to Cayuga County Court for resentencing, in accordance with the following memorandum: Defendant appeals from a judgment convicting him of robbery in the second degree, arguing that the court improperly sentenced him as a persistent felony offender. We agree. The court failed to file the statement required by CPL 400.20 (3) or to follow the other procedures required by CPL 400.20. Defendant’s sentence must be vacated and the matter remitted for resentencing. We have examined defendant’s remaining arguments on appeal, raised by his attorney and by defendant in his pro se brief, and find that none has merit. (Appeal from judgment of Cayuga County Court, Corning, J.— robbery, second degree.) Present—Denman, J. P., Boomer, Pine, Davis and Lowery, JJ.

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Bluebook (online)

161 A.D.2d 1199, 558 N.Y.S.2d 869, 1990 N.Y. App. Div. LEXIS 9222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ferrin-nyappdiv-1990.