PEOPLE v. GARCIA

2987, 7766/01.

74 A.D.3d 477 (2010)

901 N.Y.S.2d 837

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS GARCIA, Appellant.

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

Decided June 8, 2010.


The court improperly resentenced defendant in his absence. When the court resentenced defendant on his drug conviction after granting his CPL 440.46 application, he was entitled to be present for the actual pronouncement of the new sentence, notwithstanding his presence at a proceeding three days earlier at which the terms of the new sentence were discussed (see People v Lucks, 91 A.D.2d 896 [1983]). Defendant did not waive...

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