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People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1974
43 A.D.2d 820 (N.Y. App. Div. 1974)

Opinion

January 15, 1974


Judgment, Supreme Court, New York County, rendered on March 16, 1972, upon defendant's plea of guilty, unanimously reversed, on the law, the sentence vacated, and the case remitted to the Criminal Term of the Supreme Court, New York County for resentencing. The sentencing court did not grant defendant an opportunity to be heard before sentencing as required by CPL 380.50. Failure to do so constitutes error necessitating a reversal of the sentence and a remand for resentencing only ( People v. Lotz, 42 A.D.2d 900, and cases cited therein).

Concur — McGivern, P.J., Murphy, Steuer and Capozzoli, JJ.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Jan 15, 1974
43 A.D.2d 820 (N.Y. App. Div. 1974)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. POLITO GARCIA…

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

Date published: Jan 15, 1974

Citations

43 A.D.2d 820 (N.Y. App. Div. 1974)