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People v. Lagatutta

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 25, 1974
43 A.D.2d 905 (N.Y. App. Div. 1974)

Opinion

January 25, 1974

Appeal from the Erie Supreme Court.

Present — Witmer, J.P., Moule, Mahoney, Goldman and Del Vecchio, JJ.


Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Supreme Court, Erie County solely for resentencing and otherwise judgment affirmed. Memorandum: 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.


Summaries of

People v. Lagatutta

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 25, 1974
43 A.D.2d 905 (N.Y. App. Div. 1974)
Case details for

People v. Lagatutta

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL LAGATUTTA…

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

Date published: Jan 25, 1974

Citations

43 A.D.2d 905 (N.Y. App. Div. 1974)