People v. Scarbrough
487 N.E.2d 266, 66 N.Y.2d 673, 496 N.Y.S.2d 409, 1985 N.Y. LEXIS 17231
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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People v. Scarbrough, 487 N.E.2d 266, 66 N.Y.2d 673, 496 N.Y.S.2d 409, 1985 N.Y. LEXIS 17231 (N.Y. 1985).
487 N.E.2d 266 (People v. Scarbrough) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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