People v. D'Abate

Appellate Division of the Supreme Court of New York

People v. D'Abate

44 A.D.2d 664, 354 N.Y.S.2d 417, 1974 N.Y. App. Div. LEXIS 5274

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

DecidedApril 11, 1974

StatusPublished

This text of 44 A.D.2d 664 (People v. D'Abate) 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 v. D'Abate, 44 A.D.2d 664, 354 N.Y.S.2d 417, 1974 N.Y. App. Div. LEXIS 5274 (N.Y. Ct. App. 1974).

Pincite

Opinion

Judgment, Supreme Court, New York County, rendered September 15, 1972, convicting defendant, after a non jury trial, of possession of a weapon as a felony and sentencing defendant to an indeterminate term, of imprisonment not to exceed three years, unanimously reversed, on the ■ law, and the case remanded to the Criminal Term of the Supreme Court, New York County, for resentence in compliance with CPL 380.50. The sentencing court did not grant defendant an opportunity to be heard before sentencing as required by CPL 380.50. Failure to do so constitutes error necessitating a reversal of the sentence and a remand for resentencing only. (People V. Rojas, 42 A D 2d 945; People v. Williams, 42 A D 2d 931; People v. Lots, 42 A D 2d 900.) Concur—Nunez, J. .P., Kupferman, Steuer, Tilzer and

Lane, JJ.

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Judgment, Supreme Court, New York County, rendered September 15, 1972, convicting defendant, after a non jury trial, of possession of a weapon as a felony and sentencing defendant to an indeterminate term, of imprisonment not to exceed three years, unanimously reversed, on the ■ law, and the case remanded to the Criminal Term of the Supreme Court, New York County, for resentence in compliance with CPL 380.50. The sentencing court did not grant defendant an opportunity to be heard before sentencing as required by CPL 380.50. Failure to do so constitutes error necessitating a reversal of the sentence and a remand for resentencing only. (People V. Rojas, 42 A D 2d 945; People v. Williams, 42 A D 2d 931; People v. Lots, 42 A D 2d 900.) Concur—Nunez, J. .P., Kupferman, Steuer, Tilzer and

Lane, JJ.

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Bluebook (online)

44 A.D.2d 664, 354 N.Y.S.2d 417, 1974 N.Y. App. Div. LEXIS 5274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dabate-nyappdiv-1974.