People v. Lopez

• Decision Date: 11 May 1998
• Parties: 1998 N.Y. Slip Op. 4679 The PEOPLE, etc., Respondent, v. Antonio LOPEZ, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 765

672 N.Y.S.2d 765

1998 N.Y. Slip Op. 4679

The PEOPLE, etc., Respondent, v. Antonio LOPEZ, Appellant.

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

May 11, 1998.

Thomas F. Liotti, Garden City (H. Raymond Fasano, of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie and Monique Ferrell, of counsel), for respondent.

Appeal by the defendant from an amended judgment of the Supreme Court, Kings County (Owens, J.), rendered November 16, 1995, convicting him of murder in the second degree, attempted murder in the second degree (two counts), and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

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, 444 N.Y.S.2d 908, 429 N.E.2d 415; People v. Ramirez, 236 A.D.2d 564, 654 N.Y.S.2d 635; People v. Colon, 210 A.D.2d 247, 620 N.Y.S.2d 253). 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, 364 N.Y.S.2d 143, 323 N.E.2d 685, cert. denied sub nom. Taylor v. New York, 423 U.S. 852, 96 S.Ct. 98, 46 L.Ed.2d 76; People v. Colon, supra).

O'BRIEN, J.P., and RITTER, THOMPSON, FRIEDMANN and GOLDSTEIN, JJ., concur.