People v. Scarbrough
This text of 487 N.E.2d 266 (People v. Scarbrough) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Order reversed, the People’s motion pursuant to CPL 440.40 granted, sentence set aside and case remitted to Supreme Court, Niagara County, for the filing of a predicate felony statement prior to resentencing, for the reasons stated in the dissenting memorandum of Justice James H. Boomer at the Appellate Division (105 AD2d 1107-1109).
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.
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Cite This Page — Counsel Stack
487 N.E.2d 266, 66 N.Y.2d 673, 496 N.Y.S.2d 409, 1985 N.Y. LEXIS 17231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scarbrough-ny-1985.