Ordered that the amended sentence is vacated, on the law, and the matter is remitted to the Supreme Court, Queens County, for resentencing.
After granting a defendant's motion to set aside a sentence pursuant to CPL 440.20 (1) on the ground it was unauthorized, the court "must resentence the defendant in accordance with the law" (CPL 440.20 [4]). CPL 380.40 (1) requires a defendant to be present at the time of sentence except in circumstances not relevant here. Absent...
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