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PEOPLE v. STEWART

No. 229 SSM 26.

28 N.Y.3d 1091 (2016)

68 N.E.3d 43

45 N.Y.S.3d 318

2016 NY Slip Op 08398

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFRED STEWART, Appellant.

Court of Appeals of New York.

Decided December 15, 2016.

Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Ellen Dille of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Lori Ann Farrington of counsel), for respondent.

Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to Supreme Court for resentencing.

A defendant has the right to be present at all material stages of trial (see People v Ciaccio, 47 N.Y.2d 431, 436 [1979]), including sentencing (see CPL 380.40 [1]). We recently held that a defendant who has been convicted of a felony may waive his right...

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