People v. Hyatt

Appellate Division of the Supreme Court of New York

People v. Hyatt

43 A.D.2d 564, 349 N.Y.S.2d 403, 1973 N.Y. App. Div. LEXIS 3214

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

DecidedNovember 5, 1973

StatusPublished

This text of 43 A.D.2d 564 (People v. Hyatt) 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. Hyatt, 43 A.D.2d 564, 349 N.Y.S.2d 403, 1973 N.Y. App. Div. LEXIS 3214 (N.Y. Ct. App. 1973).

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Opinion

Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, rendered June 21, 1972. Sentence affirmed. In our opinion, the requirements of GPL 380.50 were satisfied when the court clerk, prior to sentence, asked, “John Hyatt, do you or Mr. Santangelo (defense counsel) wish to make a statement? ” This was an invitation to defendant to speak, although only counsel addressed the court (see People v. McClain, 42 A D 2d 868). It would have been preferable, however, had the question been posed to defendant separately and an answer elicited thereto. Hopkins, Acting P. J., Latham, Gulotta and Christ, JJ., concur.

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Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County, rendered June 21, 1972. Sentence affirmed. In our opinion, the requirements of GPL 380.50 were satisfied when the court clerk, prior to sentence, asked, “John Hyatt, do you or Mr. Santangelo (defense counsel) wish to make a statement? ” This was an invitation to defendant to speak, although only counsel addressed the court (see People v. McClain, 42 A D 2d 868). It would have been preferable, however, had the question been posed to defendant separately and an answer elicited thereto. Hopkins, Acting P. J., Latham, Gulotta and Christ, JJ., concur.

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Bluebook (online)

43 A.D.2d 564, 349 N.Y.S.2d 403, 1973 N.Y. App. Div. LEXIS 3214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hyatt-nyappdiv-1973.