Appellate Division of the Supreme Court of New York, 1974

People v. Sepulveda

People v. Sepulveda
Appellate Division of the Supreme Court of New York · Decided September 30, 1974
45 A.D.2d 954; 359 N.Y.S.2d 572; 1974 N.Y. App. Div. LEXIS 4050
People v. Sepulveda

Opinion of the Court

Judgment, Supreme Court, New York County, rendered on February 22, 1973, insofar as it imposes sentence, unanimously reversed, on the law, and the-case remanded to the Criminal Term of the Supreme Court, New York County, for resentencing. The record indicates that at the time of sentencing, the court failed to comply with the mandatory provisions of GPL 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. Failure to ask the required allocution constitutes error necessitating a reversal 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). Concur—Nunez, J. P., Kupferman, Lupiano, Steuer and Lane, JJ.

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