PEOPLE EX REL. D'AGOSTINO v. MURPHY


20 A.D.2d 756 (1964)

The People of the State of New York ex rel. Frank Joseph D'Agostino, Jr., Appellant, v. Robert Murphy, as Warden of Auburn Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 27, 1964


Order unanimously reversed on the law, writ sustained, and relator remanded to the Sheriff of Nassau County for resentence.

Memorandum:

One of relator's contentions is that he was not given the right to speak after the court had asked if he had any legal cause to show why judgment should not be pronounced against him (Code Crim. Pro., § 480). At the time of sentence he was represented by an attorney, and after the question was asked his attorney addressed...

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