People v. Benjamin

— Judgment unanimously modified on the law and as modified affirmed and matter remitted to Cayuga County Court for further proceedings in accordance with the following Memorandum: The People concede that defendant was denied his right to allocution at sentencing and thus that the matter must be remitted to County Court so that defendant may be resentenced.

There is no merit to defendant’s argument that the court was required to adhere to its original sentence promise. Defendant was charged with criminal sale of a controlled substance in the third degree and criminal possession of a controlled…