¶1Judgment, Supreme Court, Bronx County, rendered September 5, 1972, upon defendant’s plea of guilty, unanimously reversed, on the law, the sentence vacated, and the ease 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 GPL 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 eases cited therein.) Concur — Kupferman, J. P., Murphy, Steuer, Tilzer and Capozzoli, JJ.
43 A.D.2d 822
People v. Giles
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 1974
Appellate Division of the Supreme Court of the State of New York · decided 1974-01-22
Cited by 1 later decisions — most recently April 1979
Good law ✅— No negative treatment on recordhow we know
Decided 1974-01-22
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