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People v. Scarbrough

105 A.D.2d 1107, 482 N.Y.S.2d 197, 1984 N.Y. App. Div. LEXIS 21203
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 7, 1984
StatusPublished
Cited by33 cases

This text of 105 A.D.2d 1107 (People v. Scarbrough) 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. Scarbrough, 105 A.D.2d 1107, 482 N.Y.S.2d 197, 1984 N.Y. App. Div. LEXIS 21203 (N.Y. Ct. App. 1984).

Opinions

Order affirmed. Memorandum: The court did not err in denying the People’s motion to resentence defendant as a second felony offender. The burden is on the People to file a predicate felony information “before sentence is imposed setting forth the date and place of each alleged predicate felony conviction” (CPL 400.21, subd 2). The People did not file a predicate felony information either at the time sentence was imposed or in support of their motion to vacate the sentence. The court properly sentenced defendant to two consecutive one-year terms of imprisonment in satisfaction of a plea of guilty to two class D felonies (Penal Law, § 70.00, subd 4). Inasmuch as that sentence was “in accordance with law,” the court is without authority to change it once the period of the sentence has commenced (CPL 430.10).

All concur, except Boomer, J., who dissents and votes to reverse, in the following memorandum.

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Bluebook (online)
105 A.D.2d 1107, 482 N.Y.S.2d 197, 1984 N.Y. App. Div. LEXIS 21203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scarbrough-nyappdiv-1984.