§ 380.40 Defendant's presence at sentencing.\n 1. In general. The defendant must be personally present at the time\nsentence is pronounced.\n 2. Exception. Where sentence is to be pronounced for a misdemeanor\nor for a petty offense, the court may, on motion of the defendant,\ndispense with the requirement that the defendant be personally present.\nAny such motion must be accompanied by a waiver, signed and acknowledged\nby the defendant, reciting the maximum sentence that may be imposed for\nthe offense and stating that the defendant waives the right to be\npersonally present at the time sentence is pronounced.\n 3. Corporations. Sentence may be pronounced against a corporation in\nthe absence of counsel if counsel fails to appear on the date of\nsentence after reasonable notice thereof.\n
N.Y. Crim. Proc. Law § 380.40
Defendant's presence at sentencing
Applied in 2 court decisions — leading case 117 F. Supp. 3d 228 - Walker v. Artus (2015)
Most recently applied in The People v. Ronald D. Rossborough (June 2016)
2014-09-22
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.