People v. Wiggins

Buckley, P.J., and McGuire, J., dissent

in a memorandum by McGuire, J., as follows: The court properly exercised its discretion when it declined to articulate the factors it considered in imposing sentence. CEL 380.50 (3), upon which defendant relies, is clearly permissive, and the court was under no obligation to accede to defendant’s request (see People v Hansen, 99 NY2d 339, 346 [2003]; People v McCalop, 119 AD2d 937 [1986]). This Court’s prior modification (304 AD2d 322, 323 [2003], lv denied 100 NY2d 625 [2003]) called for a de novo resentencing, and nothing in the record indicates that…