People v. Luster

Appellate Division of the Supreme Court of New York

People v. Luster

44 A.D.2d 664, 354 N.Y.S.2d 418, 1974 N.Y. App. Div. LEXIS 5275

Appellate Division of the Supreme Court of the State of New York·Decided April 11, 1974·Published

Opinion

Judgment, Supreme Court, Brohx County, rendered on January 30, 1973, upon defendant’s plea of guilty to the crime of robbery in the second degree, unanimously reversed, on the law, and the case remanded to the Criminals Term of the Supreme Court, Bronx County, for resenténce in compliance with CPL 380.50. The sentencing court did not grant deféndant an opportunity to be heard before sentencing as required by CPL 380.50. [665] Failure to do so constitutes error necessitating a reversal of the sentence and a remand for resentencing only. (People v. Rojas, 42 A D 2d 945; People v. Williams, 42 A D 2d 931, People v. Lotz, 42 A D 2d 900.) Concur—Markewich, J. P., Kupferman, Murphy, Tilzer and Capozzoli, JJ.

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Judgment, Supreme Court, Brohx County, rendered on January 30, 1973, upon defendant’s plea of guilty to the crime of robbery in the second degree, unanimously reversed, on the law, and the case remanded to the Criminals Term of the Supreme Court, Bronx County, for resenténce in compliance with CPL 380.50. The sentencing court did not grant deféndant an opportunity to be heard before sentencing as required by CPL 380.50. [665] Failure to do so constitutes error necessitating a reversal of the sentence and a remand for resentencing only. (People v. Rojas, 42 A D 2d 945; People v. Williams, 42 A D 2d 931, People v. Lotz, 42 A D 2d 900.) Concur—Markewich, J. P., Kupferman, Murphy, Tilzer and Capozzoli, JJ.

People v. Luster, 44 A.D.2d 664, 354 N.Y.S.2d 418, 1974 N.Y. App. Div. LEXIS 5275 (N.Y. Ct. App. 1974).

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