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PEOPLE EX REL. LA FAY v. McMANN

33 A.D.2d 1102 (1970)

The People of the State of New York ex rel. Fred La Fay, Appellant, v. Daniel McMann, as Warden of Auburn Prison, Respondent

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

February 19, 1970

Judgment unanimously affirmed.

Memorandum:

The requirement that a defendant be asked prior to sentencing "whether he have any legal cause to show, why judgment should not be pronounced against him" (Code Crim. Pro., § 480) is a substantial legal right that cannot be waived. (People ex rel. Miller v. Martin, 1 N.Y.2d 406.) The reply thereto, however, like a plea of guilty, may be made through counsel (cf. People...

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