Appellate Division of the Supreme Court of New York, 1974

People v. Conran

People v. Conran
Appellate Division of the Supreme Court of New York · Decided February 11, 1974
43 A.D.2d 959; 352 N.Y.S.2d 42; 1974 N.Y. App. Div. LEXIS 5781
People v. Conran

Opinion of the Court

Appeal by defendant, as limited by Ms brief, from a sentence of the Supreme Court, Queens County, rendered April 5, 1972. Sentence reversed, on the law, and case remitted to the Criminal Term for resentencing. The sentencing court did not grant defendant an opportunity to be heard before sentencing, as required by CPL 380.50. We must remit the case so that defendant may be resentenced after the sentencing court complies with this section (People v. Kidd, 42 A D 2d 910; People v. Piezo, 41 A D 2d 691; People v. Gilliam, 40 A D 2d 1036). Gulotta, P. J., Hopkins, Martuscello, Brennan and Munder, JJ., concur.

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