N.Y. CPL Law § 380.40
This is the official text of N.Y. CPL Law § 380.40, part of New York’s CPL Law — part of the compiled statutory law of New York, published by the state as "CPL Law." Browse the sections below, each linked to its official government source.
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Defendant's presence at sentencing
Official statutory text
§ 380.40 Defendant's presence at sentencing.\n 1. In general. The defendant must be personally present at the time\nsentence is pronounced.\n 2. Exception. Where sentence is to be pronounced for a misdemeanor\nor for a petty offense, the court may, on motion of the defendant,\ndispense with the requirement that the defendant be personally present.\nAny such motion must be accompanied by a waiver, signed and acknowledged\nby the defendant, reciting the maximum sentence that may be imposed for\nthe offense and stating that the defendant waives the right to be\npersonally present at the time sentence is pronounced.\n 3. Corporations. Sentence may be pronounced against a corporation in\nthe absence of counsel if counsel fails to appear on the date of\nsentence after reasonable notice thereof.\n
Status: in_force · Read it on the official government site
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