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PEOPLE v. SCARBROUGH
Court of Appeals of the State of New York.
Oct 10, 1985
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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.
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