People v. Garrison

Appellate Division of the Supreme Court of New York

People v. Garrison

9 A.D.3d 436, 780 N.Y.S.2d 170, 2004 N.Y. App. Div. LEXIS 9876

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 19, 2004

StatusPublished

Cited by3 cases

This text of 9 A.D.3d 436 (People v. Garrison) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Garrison, 9 A.D.3d 436, 780 N.Y.S.2d 170, 2004 N.Y. App. Div. LEXIS 9876 (N.Y. Ct. App. 2004).

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Opinion

Appeal by the defendant, by permission, from an order of the County Court, Orange County (De Rosa, J.), dated February 25, 2003, which denied his motion pursuant to CPL 440.20 (1) to vacate an amended sentence of the same court, imposed January 7, 2002, convicting him of burglary in the second degree, upon his plea of guilty.

Ordered that the order is reversed, on the law, the motion is granted, the amended sentence is vacated, and the matter is remitted to the County Court, Orange County, for resentencing in accordance herewith.

As the People correctly concede on this appeal, the County Court’s failure to have the defendant produced at the proceeding at which it amended the sentence, after it determined that the original sentence was unlawful, violated the defendant’s statutory right to be present at the time of sentence (see CPL 380.40; People v Horton, 296 AD2d 466, 467 [2002]; People v Brown, 155 AD2d 608 [1989]; People v Lucks, 91 AD2d 896, 897 [1983]). Smith, J.P, S. Miller, Adams, Rivera and Lifson, JJ., concur.

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Appeal by the defendant, by permission, from an order of the County Court, Orange County (De Rosa, J.), dated February 25, 2003, which denied his motion pursuant to CPL 440.20 (1) to vacate an amended sentence of the same court, imposed January 7, 2002, convicting him of burglary in the second degree, upon his plea of guilty.

Ordered that the order is reversed, on the law, the motion is granted, the amended sentence is vacated, and the matter is remitted to the County Court, Orange County, for resentencing in accordance herewith.

As the People correctly concede on this appeal, the County Court’s failure to have the defendant produced at the proceeding at which it amended the sentence, after it determined that the original sentence was unlawful, violated the defendant’s statutory right to be present at the time of sentence (see CPL 380.40; People v Horton, 296 AD2d 466, 467 [2002]; People v Brown, 155 AD2d 608 [1989]; People v Lucks, 91 AD2d 896, 897 [1983]). Smith, J.P, S. Miller, Adams, Rivera and Lifson, JJ., concur.

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Bluebook (online)

9 A.D.3d 436, 780 N.Y.S.2d 170, 2004 N.Y. App. Div. LEXIS 9876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garrison-nyappdiv-2004.

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