PEOPLE v. TIEDEMANN

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 whether he wishes to make a statement on his own behalf ( see CPL 380.50). In this case, the Supreme Court pronounced sentence without affording either the prosecutor, the defense counsel, or the defendant an opportunity to make such a statement. Accordingly, we remit the matter to the Supreme Court, Kings County, for resentencing by a different Justice ( see People v. Crossland, 251 A.D.2d 509, 510-11; People v. Dorino, 200 A.D.2d 632, 633; People v. Roman, 153 A.D.2d 594; People v. Wyche, 43 A.D.2d 836).

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.