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This entry was published on 2014-09-22
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SECTION 380.40
Defendant's presence at sentencing
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE L, ARTICLE 380
§ 380.40 Defendant's presence at sentencing.

1. In general. The defendant must be personally present at the time
sentence is pronounced.

2. Exception. Where sentence is to be pronounced for a misdemeanor
or for a petty offense, the court may, on motion of the defendant,
dispense with the requirement that the defendant be personally present.
Any such motion must be accompanied by a waiver, signed and acknowledged
by the defendant, reciting the maximum sentence that may be imposed for
the offense and stating that the defendant waives the right to be
personally present at the time sentence is pronounced.

3. Corporations. Sentence may be pronounced against a corporation in
the absence of counsel if counsel fails to appear on the date of
sentence after reasonable notice thereof.