PEOPLE v. TIEDEMANN


4 A.D.3d 491 (2004)

771 N.Y.S.2d 676

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC TIEDEMANN, Appellant.

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

February 17, 2004.


Ordered that the order is reversed, on the law, the motion is granted, the amended sentence is vacated, and the matter is remitted to the Supreme Court, Kings County, for resentencing by a different justice in accordance with the procedures set forth in CPL 380.50.

As the People correctly concede, the sentencing court must afford the prosecutor and the defense counsel an opportunity to make a statement with respect to the question of sentence, and must ask the defendant...

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