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People v. Giles

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1974
43 A.D.2d 822 (N.Y. App. Div. 1974)

Opinion

January 22, 1974


Judgment, Supreme Court, Bronx County, rendered September 5, 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, Bronx County, for resentencing. The record indicates that at the time of sentencing, the court failed to comply with the mandatory provisions of CPL 380.50 in not affording defendant the right to make a statement personally in his own behalf and in not inquiring of defendant whether he wished to make such a statement. Failure to do so constitutes error necessitating a reversal of the sentence and a remand for resentencing. ( People v. Williams, 42 A.D.2d 931; People v. Rojas, 42 A.D.2d 945, and cases cited therein.)

Concur — Kupferman, J.P., Murphy, Steuer, Tilzer and Capozzoli, JJ.


Summaries of

People v. Giles

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1974
43 A.D.2d 822 (N.Y. App. Div. 1974)
Case details for

People v. Giles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GILES, Appellant

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

Date published: Jan 22, 1974

Citations

43 A.D.2d 822 (N.Y. App. Div. 1974)