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PEOPLE v. ROBBINS

47 A.D.2d 933 (1975)

The People of the State of New York, Respondent, v. Robert Robbins, Appellant

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

April 21, 1975

Sentence reversed, on the law, and case remitted to the Criminal Term for resentencing.

The sentencing court did not grant defendant an opportunity to be heard before sentencing as required by CPL 380.50. We must remit the case so that defendant may be resentenced after the sentencing court complies with this section (cf. People v McClain, 35 N.Y.2d 483). In addition, we find no basis in the record for refusing to commit...

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