People v. Read

Appellate Division of the Supreme Court of New York

People v. Read

134 A.D.2d 462, 521 N.Y.S.2d 85, 1987 N.Y. App. Div. LEXIS 50653

Appellate Division of the Supreme Court of the State of New York·Decided November 16, 1987·Published·Cited by 3 cases

Opinion

Appeal by the defendant from two judgments of the Supreme Court, Kings County (Owens, J.), [463]*463both rendered April 13, 1984, convicting him of attempted criminal possession, of a weapon in the second degree under indictment No. 4142/83 and criminal possession of a weapon in the third degree under indictment No. 1823/80, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are modified, on the law, by vacating the sentences imposed; as so modified, the judgments are affirmed and the matters are remitted to the Supreme Court, Kings County, for resentencing.

A defendant has an absolute right to be present, with counsel, during crucial stages in a criminal proceeding (see, People v Ciaccio, 47 NY2d 431). Because the defendant was sentenced in the absence of counsel, the matter must be remitted for resentencing (see, People v Taylor, 116 AD2d 678). Thompson, J. P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.

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Appeal by the defendant from two judgments of the Supreme Court, Kings County (Owens, J.), [463]*463both rendered April 13, 1984, convicting him of attempted criminal possession, of a weapon in the second degree under indictment No. 4142/83 and criminal possession of a weapon in the third degree under indictment No. 1823/80, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are modified, on the law, by vacating the sentences imposed; as so modified, the judgments are affirmed and the matters are remitted to the Supreme Court, Kings County, for resentencing.

A defendant has an absolute right to be present, with counsel, during crucial stages in a criminal proceeding (see, People v Ciaccio, 47 NY2d 431). Because the defendant was sentenced in the absence of counsel, the matter must be remitted for resentencing (see, People v Taylor, 116 AD2d 678). Thompson, J. P., Niehoff, Eiber, Sullivan and Harwood, JJ., concur.

People v. Read, 134 A.D.2d 462, 521 N.Y.S.2d 85, 1987 N.Y. App. Div. LEXIS 50653 (N.Y. Ct. App. 1987).

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