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PEOPLE v. WIGGINS

17 A.D.3d 196 (2005)

792 N.Y.S.2d 328

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL WIGGINS, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 14, 2005.

As the People concede, after granting defendant's CPL 440.20 motion to set aside sentence, the court should not have resentenced defendant without conducting a new sentencing proceeding at which defendant and his counsel would be present and have the opportunity to be heard (People v Green, 54 N.Y.2d 878 [1981]).

In view of the remand for resentencing, it is unnecessary to determine whether defendant's sentence...

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