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PEOPLE v. HYATT

43 A.D.2d 564 (1973)

The People of the State of New York, Respondent, v. John Hyatt, Appellant

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

November 5, 1973

Sentence affirmed.

In our opinion, the requirements of CPL 380.50 were satisfied when the court clerk, prior to sentence, asked, "John Hyatt, do you or Mr. Santangelo (defense counsel) wish to make a statement?" This was an invitation to defendant to speak, although only counsel addressed the court (see People v. McClain, 42 A.D.2d 868). It would have been preferable, however, had the question been posed to defendant separately...

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