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.