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People v. Clark

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1974
46 A.D.2d 665 (N.Y. App. Div. 1974)

Opinion

October 15, 1974


Appeal by defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County, imposed October 18, 1972. Sentence reversed, on the law, and case remanded to the Criminal Term for resentence in accordance with the views herein set forth. CPL 380.50 requires that the court ask the defendant whether he wishes to make a statement ( People v. Gilliam, 40 A.D.2d 1036; People v. Brown, 41 A.D.2d 850). The statutory requirement is not satisfied by asking the defendant whether he has any legal reason why sentence should not be pronounced ( People v. Cummings, 44 A.D.2d 779). Hopkins, Acting P.J., Martuscello, Latham, Shapiro and Munder, JJ., concur.


Summaries of

People v. Clark

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1974
46 A.D.2d 665 (N.Y. App. Div. 1974)
Case details for

People v. Clark

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH CLARK…

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

Date published: Oct 15, 1974

Citations

46 A.D.2d 665 (N.Y. App. Div. 1974)