Sentence reversed, on the law, and case remitted to the Criminal Term for resentencing.
The sentence imposed was not excessive. However, CPL 380.50 provides that, before pronouncing sentence, the court must ask the defendant whether he wishes to make a statement personally on his own behalf. Substantial compliance with this requirement is sufficient and an ambiguous invitation may be held sufficient in some circumstances (People v McLain,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.