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PEOPLE v. ESTREMERA

No. 112.

30 N.Y.3d 268 (2017)

88 N.E.3d 1185

66 N.Y.S.3d 656

2017 NY Slip Op 08036

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO ESTREMERA, Appellant.

Court of Appeals of New York.

Decided November 16, 2017.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Samuel J. Mendez and Alexandra H. Keeling of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Vincent Rivellese and Christopher P. Marinelli of counsel), for respondent.

Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and FEINMAN concur.

OPINION OF THE COURT

Criminal Procedure Law § 380.40 (1) provides that a defendant "must be personally present at the time sentence is pronounced." The question here is whether section 380.40 applies to the reimposition of a defendant's original prison sentence under Penal Law § 70.85. We conclude that Criminal Procedure...

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