People v. Scott

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYLVESTER SCOTT…

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

Date published: Dec 2, 1975

50 A.D.2d 730 (N.Y. App. Div. 1975)

Opinion

December 2, 1975

Judgment, Supreme Court, Bronx County, rendered on May 16, 1974, affirmed. (People v Wright, 50 A.D.2d 729.)

Concur — Markewich, J.P., Kupferman, Nunez and Yesawich, JJ.; Murphy, J., dissents in the following memorandum:

For the reasons stated in my dissent in People v Wright ( 50 A.D.2d 729), decided simultaneously herewith, I would reverse the judgment of conviction, insofar as it sentences defendant as a second felony offender, and remand for the resentencing of defendant as a first felony offender.