PEOPLE v. WHIPPLE


57 A.D.2d 657 (1977)

The People of the State of New York, Respondent, v. Neil Whipple, Appellant

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

April 14, 1977


On this appeal defendant raises two issues. As to defendant's first contention, that the trial court erred in not affirmatively advising him of his right to allocution, the record reveals that prior to sentencing the court gave both the District Attorney and the defendant's attorney an opportunity to speak and that both declined. The court then offered defendant a chance to speak, which defendant used to request that he be allowed to do "his time in Vermont". Thereupon the...

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