People v. O'Connor

Appellate Division of the Supreme Court of New York

People v. O'Connor

44 A.D.2d 844, 355 N.Y.S.2d 641, 1974 N.Y. App. Div. LEXIS 4979

Appellate Division of the Supreme Court of the State of New York·Decided May 20, 1974·Published

Opinion

Appeal by defendant, as-limited by his brief, from a sentence of the Supreme Court, Queens County, rendered May 10, 1972. Sentence reversed, on the law, and ease 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. We must remit the case so that defendant may be resentenced after the sentencing court complies with this statute (People v. Kidd, 42 A D 2d 910). Hopkins, Acting P. J., Martuscello, Latham, Cohalan and Benjamin, JJ., concur.

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Appeal by defendant, as-limited by his brief, from a sentence of the Supreme Court, Queens County, rendered May 10, 1972. Sentence reversed, on the law, and ease 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. We must remit the case so that defendant may be resentenced after the sentencing court complies with this statute (People v. Kidd, 42 A D 2d 910). Hopkins, Acting P. J., Martuscello, Latham, Cohalan and Benjamin, JJ., concur.

People v. O'Connor, 44 A.D.2d 844, 355 N.Y.S.2d 641, 1974 N.Y. App. Div. LEXIS 4979 (N.Y. Ct. App. 1974).

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