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People v. McCarroll

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1983
95 A.D.2d 815 (N.Y. App. Div. 1983)

Opinion

June 13, 1983


Appeal by defendant from a judgment of the Supreme Court, Kings County (Bonomo, J.), rendered April 18, 1980, convicting him of criminal sale of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence. Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed and case remitted to Criminal Term for resentencing. A review of the sentence minutes reveals that defendant was not accorded an opportunity to speak in his own behalf prior to the imposition of sentence. This was violative of CPL 380.50 (see People v. Hallingquest, 79 A.D.2d 1010; cf. People v. McClain, 35 N.Y.2d 483). Gibbons, J.P., Thompson, Weinstein and Rubin, JJ., concur.


Summaries of

People v. McCarroll

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1983
95 A.D.2d 815 (N.Y. App. Div. 1983)
Case details for

People v. McCarroll

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK McCARROLL…

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

Date published: Jun 13, 1983

Citations

95 A.D.2d 815 (N.Y. App. Div. 1983)

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