Opinion
February 28, 1974
Judgment, Supreme Court, Bronx County, rendered on March 27, 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 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; People v. Williams, 42 A.D.2d 931; People v. Rojas, 42 A.D.2d 945).
Concur — Markewich, J.P., Nunez, Murphy, Tilzer and Capozzoli, JJ.