People ex rel. Withridge v. McMann

Appellate Division of the Supreme Court of New York

People ex rel. Withridge v. McMann

33 A.D.2d 1103, 308 N.Y.S.2d 117, 1970 N.Y. App. Div. LEXIS 5496

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 19, 1970

StatusPublished

This text of 33 A.D.2d 1103 (People ex rel. Withridge v. McMann) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Withridge v. McMann, 33 A.D.2d 1103, 308 N.Y.S.2d 117, 1970 N.Y. App. Div. LEXIS 5496 (N.Y. Ct. App. 1970).

Pincite

Opinion

Judgment unanimously reversed on the law, writ sustained, and relator remanded to the custody of the Sheriff of Dutchess County for resentenee in Dutchess County Court after compliance with section 480 of the Code of Criminal Procedure. Memorandum: The question addressed to the defendant by the court immediately following a plea for leniency by defendant’s attorney, “ Is there anything you want to say to me, Mr. Withridge, before I sentence you? ” did not constitute compliance with section 480 of the Code of Criminal Procedure. (See People ex rel. Miller v. Martin, 1 N Y 2d 406.) (Appeal from judgment of Cayuga County Court, dismissing writ of habeas corpus.) Present — Goldman, P. J., Marsh, Gabrielli, Moule and Bastow, JJ.

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Judgment unanimously reversed on the law, writ sustained, and relator remanded to the custody of the Sheriff of Dutchess County for resentenee in Dutchess County Court after compliance with section 480 of the Code of Criminal Procedure. Memorandum: The question addressed to the defendant by the court immediately following a plea for leniency by defendant’s attorney, “ Is there anything you want to say to me, Mr. Withridge, before I sentence you? ” did not constitute compliance with section 480 of the Code of Criminal Procedure. (See People ex rel. Miller v. Martin, 1 N Y 2d 406.) (Appeal from judgment of Cayuga County Court, dismissing writ of habeas corpus.) Present — Goldman, P. J., Marsh, Gabrielli, Moule and Bastow, JJ.

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Bluebook (online)

33 A.D.2d 1103, 308 N.Y.S.2d 117, 1970 N.Y. App. Div. LEXIS 5496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-withridge-v-mcmann-nyappdiv-1970.