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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AARON JACKSON, Appellant.

Judgment insofar as it imposes sentence unanimously reversed, on the law, and matter remitted to Erie County Court for resentencing, and otherwise judgment affirmed. Memorandum: While at the time of the imposition of the sentence, the court did offer defendant's counsel an opportunity to make a statement, which he did, no similar opportunity was offered to defendant as required by CPL 380.50. Although literal compliance with that statute is not necessary (see People v McClain, 35 N.Y.2d 483), the complete failure here to advise defendant of his right to speak necessitates a finding that the statute was not even substantially complied with (People v Wade, 49 A.D.2d 770; People v Rizzo, 41 A.D.2d 691).

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PEOPLE v. JACKSON
(Jun 3, 1977)