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People v. Jackson

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 3, 1977
58 A.D.2d 741 (N.Y. App. Div. 1977)

Opinion

June 3, 1977

Appeal from the Erie County Court.

Present — Moule, J.P., Simons, Dillon and Witmer, JJ.


Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Erie County Court for resentencing, and otherwise judgment affirmed. Memorandum: While at the time of the imposition of the sentence, the court did offer defendant's counsel an opportunity to make a statement, which he did, no similar opportunity was offered to defendant as required by CPL 380.50. Although literal compliance with that statute is not necessary (see People v McClain, 35 N.Y.2d 483), the complete failure here to advise defendant of his right to speak necessitates a finding that the statute was not even substantially complied with (People v Wade, 49 A.D.2d 770; People v Rizzo, 41 A.D.2d 691).


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 3, 1977
58 A.D.2d 741 (N.Y. App. Div. 1977)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON JACKSON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 3, 1977

Citations

58 A.D.2d 741 (N.Y. App. Div. 1977)

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