Appellate Division of the Supreme Court of New York, 1974

People v. Lagatutta

People v. Lagatutta
Appellate Division of the Supreme Court of New York · Decided January 25, 1974
43 A.D.2d 905; 351 N.Y.S.2d 774; 1974 N.Y. App. Div. LEXIS 5883
People v. Lagatutta

Opinion of the Court

Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Supreme Court, Brie County solely for resentencing and otherwise judgment affirmed. Memorandum: 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. (Appeal from judgment of Erie Supreme Court convicting defendant of attempted grand larceny, first degree.) Present — Witmer, J. P., Moule, Mahoney, Goldman and Del Vecchio, JJ.

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