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

Appellate Division of the Supreme Court of the State of New York·Decided November 4, 1974·Published

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.

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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.

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).

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46 A.D.2d 779 (People v. Scalmato) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.