People v. Kyles

Appellate Division of the Supreme Court of New York

People v. Kyles

46 A.D.2d 757, 361 N.Y.S.2d 4, 1974 N.Y. App. Div. LEXIS 3633

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

DecidedNovember 14, 1974

StatusPublished

This text of 46 A.D.2d 757 (People v. Kyles) 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. Kyles, 46 A.D.2d 757, 361 N.Y.S.2d 4, 1974 N.Y. App. Div. LEXIS 3633 (N.Y. Ct. App. 1974).

Pincite

Opinion

Judgment, Supreme Court, Bronx County, rendered on December 20, 1972, insofar as it imposes sentence, unanimously reversed, on the law, and the case remanded to the Criminal Term of the Supreme Court, Bronx County, for resentencing, and otherwise affirmed. The record indicates that at the time of sentencing, the court failed to comply with the mandatory provisions of CPL 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 comply with the mandates of the statute constitutes error necessitating a reversal and a remand for resentencing (People v. Lote, 42 A D 2d 900; People v. Williams, 42 A D 2d 931; People v. Bo jas, 42 A D 2d 945; and cases cited therein). Concur — McG-ivern, P. J., Nunez, Kupferman, Murphy and Tilzer, JJ.

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Judgment, Supreme Court, Bronx County, rendered on December 20, 1972, insofar as it imposes sentence, unanimously reversed, on the law, and the case remanded to the Criminal Term of the Supreme Court, Bronx County, for resentencing, and otherwise affirmed. The record indicates that at the time of sentencing, the court failed to comply with the mandatory provisions of CPL 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 comply with the mandates of the statute constitutes error necessitating a reversal and a remand for resentencing (People v. Lote, 42 A D 2d 900; People v. Williams, 42 A D 2d 931; People v. Bo jas, 42 A D 2d 945; and cases cited therein). Concur — McG-ivern, P. J., Nunez, Kupferman, Murphy and Tilzer, JJ.

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Bluebook (online)

46 A.D.2d 757, 361 N.Y.S.2d 4, 1974 N.Y. App. Div. LEXIS 3633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kyles-nyappdiv-1974.