Order affirmed.
While orders denying motions for resentence are not appealable, we are of the opinion that when an attack on the legality of a conviction used as a predicate for multiple offender treatment involves the construction of a statute, or a question of its applicability or compliance therewith, it is properly within the scope of coram nobis (People v. Wright, 34 A.D.2d 736). Accordingly, the order is appealable and our determination for affirmance...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
