People v. Foster

Appellate Division of the Supreme Court of New York

People v. Foster

43 A.D.2d 904, 352 N.Y.S.2d 599, 1974 N.Y. App. Div. LEXIS 5881

Procedural entryThis page is a short order in People v. Foster. Read the opinion of the Court — 42 A.D.2d 801 →

Appellate Division of the Supreme Court of the State of New York·Decided January 25, 1974·Published

Opinion

Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Erie County Court for resentencing, and otherwise judgment affirmed. Memorandum: The matter is remitted solely for the purpose of resentence in compliance with GPL 380.50 (People ex rel. Miller v. Martin, 1 N Y 2d 406; People v. Herndon, 41 A D 2d 698). We have considered the remaining contentions of the appellant and find that they are without merit.' (Appeal from judgment of Erie County Court convicting defendant of attempted robbery, third degree.) Present — Marsh, P. J., Cardamone, Simons, Mahoney and Goldman, JJ.

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Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Erie County Court for resentencing, and otherwise judgment affirmed. Memorandum: The matter is remitted solely for the purpose of resentence in compliance with GPL 380.50 (People ex rel. Miller v. Martin, 1 N Y 2d 406; People v. Herndon, 41 A D 2d 698). We have considered the remaining contentions of the appellant and find that they are without merit.' (Appeal from judgment of Erie County Court convicting defendant of attempted robbery, third degree.) Present — Marsh, P. J., Cardamone, Simons, Mahoney and Goldman, JJ.

People v. Foster, 43 A.D.2d 904, 352 N.Y.S.2d 599, 1974 N.Y. App. Div. LEXIS 5881 (N.Y. Ct. App. 1974).

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