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People v. Foster

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 31, 1968
30 A.D.2d 1040 (N.Y. App. Div. 1968)

Opinion

October 31, 1968

Appeal from the Cattaraugus County Court.

Present — Bastow, P.J., Williams, Del Vecchio, Marsh and Witmer, JJ.


Order unanimously reversed and judgment insofar as it imposed sentence vacated and matter remitted to Cattaraugus County Court for a hearing in accordance with the following Memorandum: The court shall conduct a hearing as to the sentence to be imposed upon such conviction in accordance with People v. Bailey ( 21 N.Y.2d 588) and thereupon resentence defendant in the light of the evidence adduced at such hearing. (See, also People v. Schaap, 28 A.D.2d 1202.)


Summaries of

People v. Foster

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 31, 1968
30 A.D.2d 1040 (N.Y. App. Div. 1968)
Case details for

People v. Foster

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAZEN LeROY FOSTER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 31, 1968

Citations

30 A.D.2d 1040 (N.Y. App. Div. 1968)