Appellate Division of the Supreme Court of New York, 1973

People v. Brown

People v. Brown
Appellate Division of the Supreme Court of New York · Decided April 23, 1973
41 A.D.2d 850; 343 N.Y.S.2d 63; 1973 N.Y. App. Div. LEXIS 4652
People v. Brown

Opinion of the Court

Appeal by defendant, as limited by his brief, from a sentence of the County Court, Westchester County, imposed June 15, 1972. Sentence reversed, on the law, and case remanded to the County Court for resentence in accordance with the views herein set forth. CPL 380.50 requires that the court not only make a statement at the time of sentence but also that the court ask the defendant whether he wishes to make a statement. This must be done (People v. Gilliam, 40 A D 2d 1036). Hopkins, Acting P. J., Munder, Martuscello, Shapiro and Brennan, JJ., concur.

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