General
The People of the State of New York, Respondent, v. Charles Brown, Appellant
41 A.D.2d 930·New York Supreme Court, Appellate Division·1973·NY
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Opinion
Second Department,
May, 1973
(May 2, 1973)
The People of the State of New York, Respondent, v. Charles Brown, Appellant.
[MAJORITY]
On the court’s own motion, its decision dated April 23, 1973 (41 A D 2d 850) is amended to delete therefrom the third paragraph audio substitute therefor the following: “ CPL 380.50 provides that, in addition to the statement which the court may make at the time of sentence, the court must ask the defendant whether he wishes to make a statement. The latter provision is mandatory (People v. Gilliam, 40 A D 2d 1036).” Hopkins, Acting P. J., Munder, Martuseello, Shapiro and Brennan, JJ., concur.