People v. Giles

Appellate Division of the Supreme Court of New York

People v. Giles

43 A.D.2d 822, 351 N.Y.S.2d 144, 1974 N.Y. App. Div. LEXIS 5898

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

DecidedJanuary 22, 1974

StatusPublished

This text of 43 A.D.2d 822 (People v. Giles) 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. Giles, 43 A.D.2d 822, 351 N.Y.S.2d 144, 1974 N.Y. App. Div. LEXIS 5898 (N.Y. Ct. App. 1974).

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Opinion

Judgment, Supreme Court, Bronx County, rendered September 5, 1972, upon defendant’s plea of guilty, unanimously reversed, on the law, the sentence vacated, and the ease remitted to the Criminal Term of the Supreme Court, Bronx County, for resentencing. The record indicates that at the time of sentencing, the court failed to comply with the mandatory provisions of GPL 380.50 in not affording defendant the right to make a statement personally in his own behalf and in not inquiring of defendant whether he wished to make such a statement. Failure to do so constitutes error necessitating a reversal of the sentence and a remand for resentencing. (People v. Williams, 42 A D 2d 931; People v. Rojas, 42 A D 2d 945, and eases cited therein.) Concur — Kupferman, J. P., Murphy, Steuer, Tilzer and Capozzoli, JJ.

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Judgment, Supreme Court, Bronx County, rendered September 5, 1972, upon defendant’s plea of guilty, unanimously reversed, on the law, the sentence vacated, and the ease remitted to the Criminal Term of the Supreme Court, Bronx County, for resentencing. The record indicates that at the time of sentencing, the court failed to comply with the mandatory provisions of GPL 380.50 in not affording defendant the right to make a statement personally in his own behalf and in not inquiring of defendant whether he wished to make such a statement. Failure to do so constitutes error necessitating a reversal of the sentence and a remand for resentencing. (People v. Williams, 42 A D 2d 931; People v. Rojas, 42 A D 2d 945, and eases cited therein.) Concur — Kupferman, J. P., Murphy, Steuer, Tilzer and Capozzoli, JJ.

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Bluebook (online)

43 A.D.2d 822, 351 N.Y.S.2d 144, 1974 N.Y. App. Div. LEXIS 5898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-giles-nyappdiv-1974.