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People v. Foster

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 25, 1974
43 A.D.2d 904 (N.Y. App. Div. 1974)

Opinion

January 25, 1974

Appeal from the Erie County Court.

Present — Marsh, P.J., Cardamone, Simons, Mahoney and Goldman, JJ.


Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Erie County Court for resentencing, and otherwise judgment affirmed. Memorandum: The matter is remitted solely for the purpose of resentence in compliance with CPL 380.50 ( People ex rel. Miller v. Martin, 1 N.Y.2d 406; People v. Herndon, 41 A.D.2d 698). We have considered the remaining contentions of the appellant and find that they are without merit.


Summaries of

People v. Foster

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 25, 1974
43 A.D.2d 904 (N.Y. App. Div. 1974)
Case details for

People v. Foster

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR LYLE FOSTER…

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

Date published: Jan 25, 1974

Citations

43 A.D.2d 904 (N.Y. App. Div. 1974)