Appellate Division of the Supreme Court of New York, 1974

People v. Whitaker

People v. Whitaker
Appellate Division of the Supreme Court of New York · Decided February 28, 1974
43 A.D.2d 935; 352 N.Y.S.2d 643; 1974 N.Y. App. Div. LEXIS 5606
People v. Whitaker

Opinion of the Court

Judgment, Supreme Court, New York County, rendered on September 22, 1972, upon defendant’s plea of guilty, unanimously reversed, on the law, the sentence vacated and the case remitted to the Criminal Term of the Supreme Court, New York County, for resentencing. The sentencing court did not grant defendant an opportunity to be heard before sentencing as required by CPL 380.50. Failure to do so constitutes error necessitating a reversal of the sentence and a remand for resentencing only (People v. Lotz, 42 A D 2d 900; People v. Williams, 42 A D 2d 931; People v. Bojas, 42 A D 2d 945). Concur — Nunez, J. P., Steuer, Capozzoli, Lane and Lynch, JJ.

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