People v. Lagatutta

Appellate Division of the Supreme Court of New York

People v. Lagatutta

43 A.D.2d 905, 351 N.Y.S.2d 774, 1974 N.Y. App. Div. LEXIS 5883

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

DecidedJanuary 25, 1974

StatusPublished

This text of 43 A.D.2d 905 (People v. Lagatutta) 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. Lagatutta, 43 A.D.2d 905, 351 N.Y.S.2d 774, 1974 N.Y. App. Div. LEXIS 5883 (N.Y. Ct. App. 1974).

Pincite

Opinion

Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Supreme Court, Brie County solely for resentencing and otherwise judgment affirmed. Memorandum: 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. (Appeal from judgment of Erie Supreme Court convicting defendant of attempted grand larceny, first degree.) Present — Witmer, J. P., Moule, Mahoney, Goldman and Del Vecchio, JJ.

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Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Supreme Court, Brie County solely for resentencing and otherwise judgment affirmed. Memorandum: 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. (Appeal from judgment of Erie Supreme Court convicting defendant of attempted grand larceny, first degree.) Present — Witmer, J. P., Moule, Mahoney, Goldman and Del Vecchio, JJ.

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Bluebook (online)

43 A.D.2d 905, 351 N.Y.S.2d 774, 1974 N.Y. App. Div. LEXIS 5883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lagatutta-nyappdiv-1974.