People v. Debnam

Appellate Division of the Supreme Court of New York

People v. Debnam

92 A.D.2d 940, 460 N.Y.S.2d 367, 1983 N.Y. App. Div. LEXIS 17353

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

DecidedMarch 28, 1983

StatusPublished

This text of 92 A.D.2d 940 (People v. Debnam) 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. Debnam, 92 A.D.2d 940, 460 N.Y.S.2d 367, 1983 N.Y. App. Div. LEXIS 17353 (N.Y. Ct. App. 1983).

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Opinion

—• Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered October 15, 1981, convicting him of robbery in the first degree, upon a plea of guilty, and imposing sentence. Judgment modified, on the law, by reversing the sentence imposed. As so modified, judgment affirmed and case remitted to the County Court, Westchester County, for resentencing in accordance herewith. The record of the sentencing shows that the defendant was asked by the clerk, prior to his being sentenced, whether he had “any legal cause to show why sentencing should not be pronounced”; he answered “No”. The allocution requirement set forth in CPL 380.50 is not satisfied by such inquiry (People v Willbright, 61 AD2d 818). Mangano, J. P., Bracken, Brown and Boyers, JJ., concur.

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—• Appeal by defendant from a judgment of the County Court, Westchester County (Cowhey, J.), rendered October 15, 1981, convicting him of robbery in the first degree, upon a plea of guilty, and imposing sentence. Judgment modified, on the law, by reversing the sentence imposed. As so modified, judgment affirmed and case remitted to the County Court, Westchester County, for resentencing in accordance herewith. The record of the sentencing shows that the defendant was asked by the clerk, prior to his being sentenced, whether he had “any legal cause to show why sentencing should not be pronounced”; he answered “No”. The allocution requirement set forth in CPL 380.50 is not satisfied by such inquiry (People v Willbright, 61 AD2d 818). Mangano, J. P., Bracken, Brown and Boyers, JJ., concur.

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Bluebook (online)

92 A.D.2d 940, 460 N.Y.S.2d 367, 1983 N.Y. App. Div. LEXIS 17353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-debnam-nyappdiv-1983.

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