Opinion
May 2, 1973
On the court's own motion, its decision dated April 23, 1973 ( 41 A.D.2d 850) is amended to delete therefrom the third paragraph and to substitute therefor the following: "CPL 380.50 provides that, in addition to the statement which the court may make at the time of sentence, the court must ask the defendant whether he wishes to make a statement. The latter provision is mandatory ( People v. Gilliam, 40 A.D.2d 1036)." Hopkins, Acting P.J., Munder, Martuscello, Shapiro and Brennan, JJ., concur.