Judgment modified, on the law, by reversing the sentence imposed.
As so modified, judgment affirmed and case remitted to the County Court, Westchester County, for resentencing in accordance herewith. The record of the sentencing shows that the defendant was asked by the clerk, prior to his being sentenced, whether he had "any legal cause to show why sentencing should not be pronounced"; he answered "No". The allocution requirement set forth in CPL 380.50 is not satisfied...
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.