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PEOPLE v. KYLES

46 A.D.2d 757 (1974)

The People of the State of New York, Respondent, v. Ronald Kyles, Appellant

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

November 14, 1974

The record indicates that at the time of sentencing, the court failed to comply with the mandatory provisions of CPL 380.50 in not affording defendant the right to make a statement personally in his own behalf and in not inquiring of defendant whether he wished to make such a statement. Failure to comply with the mandates of the statute constitutes error necessitating a reversal and a remand for resentencing (People v. Lotz, 42 A.D.2d 900

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