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

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

DecidedJanuary 25, 1974

StatusPublished

This text of 43 A.D.2d 904 (People v. Foster) 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. 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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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.

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Bluebook (online)

43 A.D.2d 904, 352 N.Y.S.2d 599, 1974 N.Y. App. Div. LEXIS 5881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-foster-nyappdiv-1974.