New York Court of Appeals, 1981

People v. Green

New York Court of Appeals · Decided October 15, 1981

54 N.Y.2d 878; 429 N.E.2d 415; 444 N.Y.S.2d 908; 1981 N.Y. LEXIS 3088

Cases that cite this one

60 later published cases cite this decision. The 25 that cite it most often are listed here.

State v. Young (Utah 1993)
People v. Clark (Appellate Division of the Supreme Court of New York 2016)
People v. Schwickrath (Appellate Division of the Supreme Court of New York 2007)
People v. Defayette (Appellate Division of the Supreme Court of New York 1997)
People v. Russell (Appellate Division of the Supreme Court of New York 2022)
People v. Streater (Appellate Division of the Supreme Court of New York 2022)
People v. Oballe (Dulvin) (Appellate Terms of the Supreme Court of New York 2022)
People v. Patterson (Appellate Division of the Supreme Court of New York 2021)
People v. Garville (Appellate Division of the Supreme Court of New York 2021)
People v. Bishop (Appellate Division of the Supreme Court of New York 2021)
People v. Taylor (Appellate Division of the Supreme Court of New York 2020)
People v. Desius (Appellate Division of the Supreme Court of New York 2020)
People v. Ospina (Appellate Division of the Supreme Court of New York 2019)
People v. Anderson (Appellate Division of the Supreme Court of New York 2018)
People v. Bennett (Appellate Division of the Supreme Court of New York 2018)
People v. Weldon (Appellate Division of the Supreme Court of New York 2017)
People v. Crosby (Appellate Division of the Supreme Court of New York 2015)
OTT, ANTHONY N., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
People v. Ott (Appellate Division of the Supreme Court of New York 2015)
People v. Ott (Appellate Division of the Supreme Court of New York 2015)
MILLS, RICHARD F., PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
People v. Mills (Appellate Division of the Supreme Court of New York 2014)
People v. Mills (Appellate Division of the Supreme Court of New York 2014)
People v. Cianfarani (Appellate Division of the Supreme Court of New York 2011)
People v. Chin (Appellate Division of the Supreme Court of New York 2010)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

As the People recognize, the provisions of CPL 380.50 apply to occasions of resentencing as well as to those of initial sentencing, and were accordingly applicable on January 8,1980 when this defendant was resentenced.

At the resentencing, three attorneys addressed the court on defendant’s behalf; the comment of one appears to have led to a reduction from the original sentence. At no time was there any request from any of these attorneys that defendant be afforded his statutory right to make a statement personally in his own behalf nor was the failure to comply with the statutory mandate in this regard otherwise brought to the court’s attention. In this circumstance the sentencing court’s error, which was not of constitutional dimension (see People v McClain, 35 NY2d 483) and which could so readily have been remedied had it then been invited to the court’s attention, was not preserved for appellate review.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.