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PEOPLE v. LOPEZ

Appellate Division of the Supreme Court of New York, Second Department.
May 11, 1998

Ordered that the amended judgment is affirmed.

The defendant's claim that he was deprived of an opportunity to address the court at the time of his resentencing, in violation of CPL 380.50 (1) is unpreserved for appellate review ( see, People v. Green, 54 N.Y.2d 878; People v. Ramirez, 236 A.D.2d 564; People v. Colon, 210 A.D.2d 247). In any event, the record indicates that the resentencing court substantially complied with the requirements of the statute ( see, People v. McClain, 35 N.Y.2d 483, 491-492, cert denied sub nom. Taylor v. New York, 423 U.S. 852; People v. Colon, supra).

O'Brien, J.P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.