People v. Luchey

Appellate Division of the Supreme Court of New York

People v. Luchey

41 A.D.2d 1023, 343 N.Y.S.2d 997, 1973 N.Y. App. Div. LEXIS 4386

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

DecidedMay 24, 1973

StatusPublished

This text of 41 A.D.2d 1023 (People v. Luchey) 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. Luchey, 41 A.D.2d 1023, 343 N.Y.S.2d 997, 1973 N.Y. App. Div. LEXIS 4386 (N.Y. Ct. App. 1973).

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Opinion

Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Erie County Court for resentencing in accordance with the following Memorandum: Upon the acceptance of the plea of guilty and the sentencing the defendant, with his attorney present, was questioned at length by the court. At no time, however, did the court comply with CPL 380.50. Under these circumstances the matter must be returned to the court solely for the purpose of according to the defendant the right of allocution (People ex rel. Miller v. Martin, 1 N Y 2d 406; People v. Hern[1024]*1024don, 41 A D 2d 698; People v. Rizzo, 41 A D 2d 691; People v. Barnett, 57 A D 2d 1027). We have considered appellant’s contention that the sentence was excessive and find no error in that respect. (Appeal from judgment of Erie County Court convicting defendant of escape, second degree.) Present — Goldman, P. J., Del Vecchio, Witmer, Moule and Cardamone, JJ.

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Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Erie County Court for resentencing in accordance with the following Memorandum: Upon the acceptance of the plea of guilty and the sentencing the defendant, with his attorney present, was questioned at length by the court. At no time, however, did the court comply with CPL 380.50. Under these circumstances the matter must be returned to the court solely for the purpose of according to the defendant the right of allocution (People ex rel. Miller v. Martin, 1 N Y 2d 406; People v. Hern[1024]*1024don, 41 A D 2d 698; People v. Rizzo, 41 A D 2d 691; People v. Barnett, 57 A D 2d 1027). We have considered appellant’s contention that the sentence was excessive and find no error in that respect. (Appeal from judgment of Erie County Court convicting defendant of escape, second degree.) Present — Goldman, P. J., Del Vecchio, Witmer, Moule and Cardamone, JJ.

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Bluebook (online)

41 A.D.2d 1023, 343 N.Y.S.2d 997, 1973 N.Y. App. Div. LEXIS 4386, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-luchey-nyappdiv-1973.