Legal Opinion
People v. Scarbrough
New York Court of Appeals
Decided October 10, 1985PublishedCited by 53 opinions
1Opinion of the Court
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.
2Cited by53 opinions
- People v. GriffinAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HalseyAppellate Division of the Supreme Court of the State of New York · 2013
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2009
- People v. RuddyAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 1995
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