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PEOPLE v. McCARROLL

95 A.D.2d 815 (1983)

The People of the State of New York, Respondent, v. Frederick McCarroll, Appellant

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

June 13, 1983

Judgment modified, on the law, by vacating the sentence imposed. As so modified, judgment affirmed and case remitted to Criminal Term for resentencing.

A review of the sentence minutes reveals that defendant was not accorded an opportunity to speak in his own behalf prior to the imposition of sentence. This was violative of CPL 380.50 (see People v Hallingquest, 79 A.D.2d 1010; cf. People v McClain,

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