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People v. Lotz

Appellate Division of the Supreme Court of New York, First Department
Sep 27, 1973
42 A.D.2d 900 (N.Y. App. Div. 1973)

Opinion

September 27, 1973


Judgment, Supreme Court, Bronx County, rendered April 14, 1972, after a jury trial, insofar as it imposes sentence, unanimously reversed, on the law, and the case remanded to the Criminal Term of the Supreme Court, Bronx County, for resentencing, and otherwise affirmed. The record indicates that at the time of sentencing, the court failed to comply with the mandatory provisions of CPL 380.50 in not affording defendant the right to make a statement personally in his own behalf and in not inquiring of defendant whether he wished to make such a statement. Failure to ask the required allocution constitutes error necessitating a reversal of the sentence and a remand for resentencing only ( People v. Nagi, 42 A.D.2d 683; People v. Chapman, 42 A.D.2d 680; People v. Luchey, 41 A.D.2d 1023; People v. Brown, 41 A.D.2d 850; People v. Rizzo, 41 A.D.2d 691; People v. Herndon, 41 A.D.2d 698; People v. Gilliam, 40 A.D.2d 1036; People v. Barnett, 37 A.D.2d 1027; People v. Moore, 36 A.D.2d 866).

Concur — Stevens, P.J., Markewich, Nunez, Tilzer and Capozzoli, JJ.


Summaries of

People v. Lotz

Appellate Division of the Supreme Court of New York, First Department
Sep 27, 1973
42 A.D.2d 900 (N.Y. App. Div. 1973)
Case details for

People v. Lotz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER LOTZ, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 27, 1973

Citations

42 A.D.2d 900 (N.Y. App. Div. 1973)

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