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People v. Scarbrough

Court of Appeals of the State of New York
Oct 10, 1985
66 N.Y.2d 673 (N.Y. 1985)

Summary

In Scarbrough, the Court held that a defendant illegally sentenced as a first felony offender may have that sentence vacated prior to one year pursuant to CPL 440.40 (1), even where the defendant's status as a predicate felon was known or should have been known at the time.

Summary of this case from People v. Ryan

Opinion

Argued September 12, 1985

Decided October 10, 1985

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Charles J. Hannigan, J.

Peter L. Broderick, District Attorney ( Raymond Thomas Burgasser of counsel), for appellant.

Richard H. Speranza, Public Defender ( Leonard G. Tilney, Jr., of counsel), for respondent.


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 A.D.2d 1107-1109).

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.


Summaries of

People v. Scarbrough

Court of Appeals of the State of New York
Oct 10, 1985
66 N.Y.2d 673 (N.Y. 1985)

In Scarbrough, the Court held that a defendant illegally sentenced as a first felony offender may have that sentence vacated prior to one year pursuant to CPL 440.40 (1), even where the defendant's status as a predicate felon was known or should have been known at the time.

Summary of this case from People v. Ryan
Case details for

People v. Scarbrough

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. LESTER SCARBROUGH…

Court:Court of Appeals of the State of New York

Date published: Oct 10, 1985

Citations

66 N.Y.2d 673 (N.Y. 1985)
496 N.Y.S.2d 409
487 N.E.2d 266

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