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People v. Williams

Appellate Division of the Supreme Court of New York, First Department
Mar 6, 1975
47 A.D.2d 729 (N.Y. App. Div. 1975)

Opinion

March 6, 1975


Judgment rendered in Supreme Court, New York County, on December 12, 1972, insofar as it imposes sentence, is unanimously reversed, on the law, and the case remanded to the Criminal Term of the Supreme Court, New York 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 inquiring of defendant whether he wished to make a statement personally in his own behalf. Failure to do so constitutes error necessitating a reversal of the sentence and a remand for resentencing. ( People v. Lotz, 42 A.D.2d 900; People v. Williams, 42 A.D.2d 931; People v. Rojas, 42 A.D.2d 945; and cases cited therein.) We have considered the other points raised and find them without merit.

Concur — Kupferman, J.P., Lupiano, Tilzer and Nunez, JJ.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, First Department
Mar 6, 1975
47 A.D.2d 729 (N.Y. App. Div. 1975)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BEARRY WILLIAMS, Also…

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

Date published: Mar 6, 1975

Citations

47 A.D.2d 729 (N.Y. App. Div. 1975)