People v. Douglas

Appellate Division of the Supreme Court of New York

People v. Douglas

44 A.D.2d 523, 353 N.Y.S.2d 436, 1974 N.Y. App. Div. LEXIS 5484

Appellate Division of the Supreme Court of the State of New York·Decided March 14, 1974·Published

Opinion

Judgment, Supreme Court, New York County, rendered on October 12, 1972, upon defendant’s plea of guilty, unanimously reversed, on the law, and case remitted to the Criminal Term of the Supreme Court, New York County, for resentencing. The sentencing court did not grant defendant an opportunity to be heard before sentencing as required by GPL 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. Lotz, 42 A D 2d 900.) Concur — McGivern, P. J., Markewich, Steuer and Capozzoli, JJ.

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Judgment, Supreme Court, New York County, rendered on October 12, 1972, upon defendant’s plea of guilty, unanimously reversed, on the law, and case remitted to the Criminal Term of the Supreme Court, New York County, for resentencing. The sentencing court did not grant defendant an opportunity to be heard before sentencing as required by GPL 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. Lotz, 42 A D 2d 900.) Concur — McGivern, P. J., Markewich, Steuer and Capozzoli, JJ.

People v. Douglas, 44 A.D.2d 523, 353 N.Y.S.2d 436, 1974 N.Y. App. Div. LEXIS 5484 (N.Y. Ct. App. 1974).

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