People v. Scalmato

Appellate Division of the Supreme Court of New York

People v. Scalmato

46 A.D.2d 779, 360 N.Y.S.2d 446, 1974 N.Y. App. Div. LEXIS 3726

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

DecidedNovember 4, 1974

StatusPublished

This text of 46 A.D.2d 779 (People v. Scalmato) 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. Scalmato, 46 A.D.2d 779, 360 N.Y.S.2d 446, 1974 N.Y. App. Div. LEXIS 3726 (N.Y. Ct. App. 1974).

Pincite

Opinion

Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County, imposed January 30, 1973. Sentence reversed, on the law, and case remanded to the Criminal Term, for the sole purpose of resentence in accordance herewith. The record fails to show that defendant was asked whether he wished to make a statement in his own behalf prior to sentencing (CPL 380.50). The letter he submitted to the sentencing court did not suffice for this purpose. We have considered appellant’s other contentions and find them without merit, Latham, Acting P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County, imposed January 30, 1973. Sentence reversed, on the law, and case remanded to the Criminal Term, for the sole purpose of resentence in accordance herewith. The record fails to show that defendant was asked whether he wished to make a statement in his own behalf prior to sentencing (CPL 380.50). The letter he submitted to the sentencing court did not suffice for this purpose. We have considered appellant’s other contentions and find them without merit, Latham, Acting P. J., Christ, Brennan, Benjamin and Munder, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

46 A.D.2d 779, 360 N.Y.S.2d 446, 1974 N.Y. App. Div. LEXIS 3726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scalmato-nyappdiv-1974.