People v. Foster

Appellate Division of the Supreme Court of New York

People v. Foster

30 A.D.2d 1040, 294 N.Y.S.2d 748, 1968 N.Y. App. Div. LEXIS 3017

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1968·Published

Opinion

Order unanimously reversed and judgment insofar as it imposed sentence vacated and matter remitted to Cattaraugus County Court for a hearing in accordance with the following Memorandum: The court shall conduct a hearing as to the sentence to be imposed upon such conviction in accordance with People v. Bailey (21 N Y 2d 588) and thereupon resentence defendant in the light of the evidence adduced at such hearing. (See, also People v. Schaap, 28 A D 2d 1202.) (Appeal from order of Cattaraugus County Court denying, without a hearing, motion to vacate judgment of conviction for sodomy, first degree, rendered January 6, 1964.) Present— Bastow, P. J., Williams, Del Vecchio, Marsh and Witmer, JJ.

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Order unanimously reversed and judgment insofar as it imposed sentence vacated and matter remitted to Cattaraugus County Court for a hearing in accordance with the following Memorandum: The court shall conduct a hearing as to the sentence to be imposed upon such conviction in accordance with People v. Bailey (21 N Y 2d 588) and thereupon resentence defendant in the light of the evidence adduced at such hearing. (See, also People v. Schaap, 28 A D 2d 1202.) (Appeal from order of Cattaraugus County Court denying, without a hearing, motion to vacate judgment of conviction for sodomy, first degree, rendered January 6, 1964.) Present— Bastow, P. J., Williams, Del Vecchio, Marsh and Witmer, JJ.

People v. Foster, 30 A.D.2d 1040, 294 N.Y.S.2d 748, 1968 N.Y. App. Div. LEXIS 3017 (N.Y. Ct. App. 1968).

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