Peopl v. Jackson

Appellate Division of the Supreme Court of New York

Peopl v. Jackson

58 A.D.2d 741, 396 N.Y.S.2d 119, 1977 N.Y. App. Div. LEXIS 12868

Appellate Division of the Supreme Court of the State of New York·Decided June 3, 1977·Published·Cited by 1 cases

Opinion

— 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: While at the time of the imposition of the sentence, the court did offer defendant’s counsel an opportunity to make a statement, which he did, no similar opportunity was offered to defendant as required by CPL 380.50. Although literal compliance with that statute is not necessary (see People v McClain, 35 NY2d 483), the complete failure here to advise defendant of his right to speak necessitates a finding that the statute was not even substantially complied with (People v Wade, 49 AD2d 770; People v Rizzo, 41 AD2d 691). (Appeal from judgment of Erie County Court — robbery, second degree.) Present — Moule, J. P., Simons, Dillon and Witmer, JJ.

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— 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: While at the time of the imposition of the sentence, the court did offer defendant’s counsel an opportunity to make a statement, which he did, no similar opportunity was offered to defendant as required by CPL 380.50. Although literal compliance with that statute is not necessary (see People v McClain, 35 NY2d 483), the complete failure here to advise defendant of his right to speak necessitates a finding that the statute was not even substantially complied with (People v Wade, 49 AD2d 770; People v Rizzo, 41 AD2d 691). (Appeal from judgment of Erie County Court — robbery, second degree.) Present — Moule, J. P., Simons, Dillon and Witmer, JJ.

Peopl v. Jackson, 58 A.D.2d 741, 396 N.Y.S.2d 119, 1977 N.Y. App. Div. LEXIS 12868 (N.Y. Ct. App. 1977).

Pincite

58 A.D.2d 741 (Peopl v. Jackson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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