Majority
p. 806The People of the State of New York, Respondent, v. Joseph DiLaura, Appellant.
Judgment unanimously affirmed. Memorandum: In accordance with the holding of the Court of Appeals in People v. McClain and eases decided therein ( 35 N Y 2d 483 ), under the circumstances here shown the failure of literal compliance with CPL 380.50 does not require resentencing. (Appeal from judgment of Niagara County Court convicting defendant of robbery, second degree.) Present — ■ Marsh, P. J., Moule, Mahoney, Del Vecchio and Witmer, JJ.
Cases cited
- People v. McClain 35 N Y 2d 483 p. 806