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PEOPLE v. ANDERSON

45 A.D.2d 1024 (1974)

The People of the State of New York, Respondent, v. Johnny Anderson, Appellant

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

July 29, 1974

Sentence reversed, on the law, and case remanded to the Criminal Term for resentencing in accordance with the views herein set forth.

CPL 380.50 provides that the court, at sentencing, must ask the defendant whether he wishes to make a statement. This provision is mandatory (People v. Brown, 41 A.D.2d 850, amended 41 A.D.2d 930). The trial court did not do so. We do not find that the sentence...

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