People v. Dees

Appellate Division of the Supreme Court of New York

People v. Dees

45 A.D.2d 681, 356 N.Y.S.2d 308, 1974 N.Y. App. Div. LEXIS 4788

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

DecidedJune 6, 1974

StatusPublished

This text of 45 A.D.2d 681 (People v. Dees) 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. Dees, 45 A.D.2d 681, 356 N.Y.S.2d 308, 1974 N.Y. App. Div. LEXIS 4788 (N.Y. Ct. App. 1974).

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Opinion

Judgment of Supreme Court, Bronx County, rendered March 30, 1973, convicting defendant upon his plea of guilty of manslaughter, second degree, and sentencing him to a maximum term of imprisonment of six years, unanimously reversed, on the law, insofar as it imposes sentence, and the ease remitted to the Criminal Term of the Supreme Court; Bronx County, for resentence; and otherwise affirmed. Apart from the question as to whether the statement of the court clerk: “Does the defendant wish to speak to the Court in his own behalf or does he prefer to have counsel speak for him?”, phrased in the alternative rather than in the conjunctive, can be considered as full compliance with CPL 380.50 (see People v. Hyatt, 43 A D 2d 564; People v. McClain, 42 A D 2d 868), the record herein demonstrates that the defendant was not granted the opportunity to speak in his own behalf. We must, therefore, remit the case so that defendant may be resentenced after the court complies with CPL 380.50. (See People v. Lotz, 42 A D 2d 900 and cases cited therein.) We have considered the other contentions raised by defendant and find them without merit. Concur — McGivern, P. J., Markewich, Nunez, Murphy and Steuer, JJ.

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Judgment of Supreme Court, Bronx County, rendered March 30, 1973, convicting defendant upon his plea of guilty of manslaughter, second degree, and sentencing him to a maximum term of imprisonment of six years, unanimously reversed, on the law, insofar as it imposes sentence, and the ease remitted to the Criminal Term of the Supreme Court; Bronx County, for resentence; and otherwise affirmed. Apart from the question as to whether the statement of the court clerk: “Does the defendant wish to speak to the Court in his own behalf or does he prefer to have counsel speak for him?”, phrased in the alternative rather than in the conjunctive, can be considered as full compliance with CPL 380.50 (see People v. Hyatt, 43 A D 2d 564; People v. McClain, 42 A D 2d 868), the record herein demonstrates that the defendant was not granted the opportunity to speak in his own behalf. We must, therefore, remit the case so that defendant may be resentenced after the court complies with CPL 380.50. (See People v. Lotz, 42 A D 2d 900 and cases cited therein.) We have considered the other contentions raised by defendant and find them without merit. Concur — McGivern, P. J., Markewich, Nunez, Murphy and Steuer, JJ.

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Bluebook (online)

45 A.D.2d 681, 356 N.Y.S.2d 308, 1974 N.Y. App. Div. LEXIS 4788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dees-nyappdiv-1974.