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PEOPLE v. SMITH

43 A.D.2d 648 (1973)

The People of the State of New York, Respondent, v. Earl Smith, Appellant

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

November 21, 1973

As conceded by the People, the record shows that the trial court did not grant defendant an opportunity to be heard before sentencing (CPL 380.50). On a subsequent resentencing defendant was not present, and, consequently, has not been afforded his right of allocution. He is entitled to be remanded for resentence on his guilty plea. (People v. Barnett, 37 A.D.2d 1027; People v. Moore, 36 A.D.2d 866

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