People v. Ortiz

Appellate Division of the Supreme Court of New York

People v. Ortiz

43 A.D.2d 935, 352 N.Y.S.2d 645, 1974 N.Y. App. Div. LEXIS 5604

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

DecidedFebruary 28, 1974

StatusPublished

This text of 43 A.D.2d 935 (People v. Ortiz) 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. Ortiz, 43 A.D.2d 935, 352 N.Y.S.2d 645, 1974 N.Y. App. Div. LEXIS 5604 (N.Y. Ct. App. 1974).

Pincite

Opinion

Judgment, Supreme Court, Bronx County, rendered on March 2, 1972, upon defendant’s plea of guilty, unanimously reversed, on the law, the sentence vacated, and the case remittted to the Criminal Term of the Supreme Court, Bronx County, for resentencing. Failure of the sentencing court to grant defendant an opportunity to be heard before sentencing, as required by CPL 380.50, necessitates a reversal of the sentence and a remand for resentencing only (People v. Lotz, 42 A D 2d 900; People v. Williams, 42 A D 2d 931; People v. Bojas, 42 A D 2d 945). Concur — Markewich, J. P., Nunez, Murphy, Tilzer and Capozzoli, JJ.

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Judgment, Supreme Court, Bronx County, rendered on March 2, 1972, upon defendant’s plea of guilty, unanimously reversed, on the law, the sentence vacated, and the case remittted to the Criminal Term of the Supreme Court, Bronx County, for resentencing. Failure of the sentencing court to grant defendant an opportunity to be heard before sentencing, as required by CPL 380.50, necessitates a reversal of the sentence and a remand for resentencing only (People v. Lotz, 42 A D 2d 900; People v. Williams, 42 A D 2d 931; People v. Bojas, 42 A D 2d 945). Concur — Markewich, J. P., Nunez, Murphy, Tilzer and Capozzoli, JJ.

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Bluebook (online)

43 A.D.2d 935, 352 N.Y.S.2d 645, 1974 N.Y. App. Div. LEXIS 5604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ortiz-nyappdiv-1974.