New York § 380.40 Defendant's presence at sentencing

New York Statutes

§ 380.40 — Defendant's presence at sentencing

New York § 380.40

JurisdictionNew York

Law CPLCriminal Procedure

Title LSentence

Part 2The Principal Proceedings

Art. 380Sentencing In General

This text of New York § 380.40 (Defendant's presence at sentencing) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Criminal Procedure § 380.40 (2026).

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

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§ 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