Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.
Under circumstances of this case, the defendant did not forfeit his right to be present at sentencing. The defendant was told on February 5, 1986, when he pleaded guilty, that sentencing would occur on March 10, 1986. His failure to appear on that date almost...
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