People v. Garcia

Appellate Division of the Supreme Court of New York

People v. Garcia

43 A.D.2d 820, 351 N.Y.S.2d 140, 1974 N.Y. App. Div. LEXIS 5958

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

DecidedJanuary 15, 1974

StatusPublished

This text of 43 A.D.2d 820 (People v. Garcia) 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. Garcia, 43 A.D.2d 820, 351 N.Y.S.2d 140, 1974 N.Y. App. Div. LEXIS 5958 (N.Y. Ct. App. 1974).

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Opinion

Judgment, Supreme Court, New York County, rendered on March 16, 1972, upon defendant’s plea of guilty, unanimously reversed, on the law, the sentence vacated, and the 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. Lotz, 42 A D 2d 900, and cases cited therein). Concur — McGivern, P. J., Murphy, Steuer and Capozzoli, JJ.

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Judgment, Supreme Court, New York County, rendered on March 16, 1972, upon defendant’s plea of guilty, unanimously reversed, on the law, the sentence vacated, and the 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. Lotz, 42 A D 2d 900, and cases cited therein). Concur — McGivern, P. J., Murphy, Steuer and Capozzoli, JJ.

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Bluebook (online)

43 A.D.2d 820, 351 N.Y.S.2d 140, 1974 N.Y. App. Div. LEXIS 5958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garcia-nyappdiv-1974.