People v. Scarbrough
| Decision Date | 10 October 1985 |
| Citation | 496 N.Y.S.2d 409,66 N.Y.2d 673 |
| Parties | , 487 N.E.2d 266 The PEOPLE etc., Appellant, v. Lester SCARBROUGH, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
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 A.D.2d 1107-1109, 482 N.Y.S.2d 197).
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42 cases
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Rosa v. Herbert
...felony offender was mandatory, and could not have been circumvented by the prosecutor or the court. See People v. Scarbrough, 66 N.Y.2d 673, 496 N.Y.S.2d 409, 487 N.E.2d 266 (1985); Brown v. Greiner, 258 F.Supp.2d 68, 71 (E.D.N.Y.2003) (comparing enhanced sentencing procedures in New York f......
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People v. Mercer
...to designate defendant as a second felony offender, was invalid as a matter of law ( seeCPL 400.21[1]; People v. Scarbrough, 66 N.Y.2d 673, 674, 496 N.Y.S.2d 409, 487 N.E.2d 266 [1985],revg. on dissenting mem. of Boomer, J.,105 A.D.2d 1107, 1107–1109, 482 N.Y.S.2d 197 [1984] ), County Court......
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People v. Carthen
...Accordingly, imposition of the promised sentence would be illegal as a matter of law. (CPL 400.21. See, People v. Scarbrough, 66 N.Y.2d 673, 496 N.Y.S.2d 409, 487 N.E.2d 266 (1985).) However, to permit the defendant to withdraw his plea would be contrary to the public policy considerations ......
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People v. Griffin
...and, if appropriate, the court was then required to sentence defendant as a second felony offender ( see People v. Scarbrough, 66 N.Y.2d 673, 496 N.Y.S.2d 409, 487 N.E.2d 266, revg. on dissenting mem. of Boomer, J., 105 A.D.2d 1107, 1107-1109, 482 N.Y.S.2d 197; People v. Motley [appeal No. ......
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