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PEOPLE v. RODRIGUEZ

2018-06595. Ind. No. 5267/14.

186 A.D.3d 625 (2020)

126 N.Y.S.3d 913

2020 NY Slip Op 04493

The People of the State of New York, Respondent, v. Felix Rodriguez, Appellant.

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

Decided August 12, 2020.

Ordered that the resentence is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

This matter must be remitted to the Supreme Court for resentencing. The defendant's fundamental right to be "personally present at the time sentence is pronounced" (CPL 380.40[1]; see People v Rossborough, 27 N.Y.3d 485 [2016...

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