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PEOPLE v. CUMMINGS

45 A.D.2d 763 (1974)

The People of the State of New York, Respondent v. Bennie Cummings, Also Known as Bennie Jenkins, Appellant

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

June 24, 1974

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

CPL 380.50 requires that the court not only make a statement at the time of sentence, but that the court ask the defendant whether he wishes to make a statement. This must be done (People v. Gilliam, 40 A.D.2d 1036; People v. Brown, 41 A.D.2d 850). The...

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