People v. Lee

44 A.D.2d 702, 354 N.Y.S.2d 160, 1974 N.Y. App. Div. LEXIS 5253

Opinion

Appeal by defendant, as limited bv his brief, from a sentence of the Supreme Court, Queens County, imposed October 6, 1972. Sentence reversed, on the law, and case remitted to the Criminal Term for resentencing. The sentencing court did not grant defendant an opportunity to be heard before sentencing as required by CPL 380.50. The ease is remitted solely to permit compliance with this section (People v. Kidd, 42 A D 2d 910). Gulotta, P. J., Latham, Cohalan, Benjamin and Munder, JJ., concur.