¶1— Judgment, Supreme Court, Bronx County, rendered on May 16, 1974, affirmed. (People v Wright, 50 AD2d 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 AD2d 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.
50 A.D.2d 730
People v. Scott
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 1975
Appellate Division of the Supreme Court of the State of New York · decided 1975-12-02
Decided 1975-12-02