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PEOPLE v. WILLIAMS

47 A.D.2d 729 (1975)

The People of the State of New York, Respondent, v. Bearry Williams, Also Known as Harold Austin, Appellant

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

March 6, 1975

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

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