Legal Opinion

People v. McClain

New York Court of Appeals

Decided December 20, 1974PublishedCited by 53 opinions

1Opinion of the CourtJasen, J.

In each of these cases, it is claimed that the statutory right1 of the defendant to be asked if he wishes to make a statement at the time of sentencing was in some manner abridged, We conclude that there was substantial compliance with the statutory requirement and, accordingly, affirm the orders appealed from.

The modern day allocution requirement can be understood only with reference to the early common law of crimes and criminal procedure. To begin with, the duty of the court to inquire at sentencing if the defendant wished to speak on his own behalf originated at a time when the.…

2Cases cited3 opinions

  1. Messner v. . the PeopleNew York Court of Appeals · 1871
  2. People v. . NesceNew York Court of Appeals · 1911
  3. People v. CraigNew York Court of Appeals · 1946

3Cited by53 opinions

  1. People v. McgowenNew York Court of Appeals · 1977
  2. People v. GreenNew York Court of Appeals · 1981
  3. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. StromanNew York Court of Appeals · 1975
  5. People v. ChinAppellate Division of the Supreme Court of the State of New York · 2010

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