PEOPLE v. FERGUSON


119 A.D.2d 338 (1986)

The People of the State of New York, Appellant, v. Aaron Ferguson, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

October 23, 1986


Attorney(s) appearing for the Case

Lee S. Gayer of counsel (Peter D. Coddington with him on the brief; Mario Merola, District Attorney, attorney), for appellant.

John N. Gevertz of counsel (Philip L. Weinstein, attorney), for respondent.

MURPHY, P. J., SULLIVAN, KASSAL and WALLACH, JJ., concur.


ROSS, J.

The question presented to us, in these two appeals by the District Attorney of Bronx County, is whether Criminal Trial Term exceeded its jurisdiction, when it granted defendant's motion to vacate his previous conviction for a felony, and adjudicated him a youthful offender, nunc pro tunc.

On August 31, 1982, pursuant to the provisions of CPL article 195, the defendant waived indictment, and...

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