We do not pass on the issue whether the resentence was excessive. The defense asserts and the District Attorney agrees, as do we, that in its failure to have the defendant produced at resentence, the court denied defendant her statutory right to be present at sentencing. CPL 380.40 (subd 1) requires a defendant to be present at the time of sentence except in circumstances not relevant here. The defendant's presence is also required on resentencing (People v Brown,...
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