People v. Estremera

N.Y. Crim. Proc. Law (CPL) 380.40 entitles a defendant to be present personally at the time sentence is pronounced for the re-imposition of the defendant’s original prison sentence under N.Y. Penal Law 70.85 unless he or she validly forfeits or waives the right to be present.In 2001, Defendant pleaded guilty to manslaughter in the first degree and attempted murder in the second degree and was sentenced to twenty-five years in prison. In 2009, Defendant filed a motion to vacate his plea and sentence under People v. Catu, 825 N.E.2d 1081 (N.Y. 2005) because he had not been informed of the term of post-release supervision (PRS) to follow his prison sentence. At a court appearance at which the prosecutor and Defendant’s attorney were present but Defendant himself was absent, Supreme Court denied Defendant’s motion to vacate his plea and re-imposed his original sentence, without a term of PRS, under section 70.85. The Appellate Division affirmed. The Court of Appeals reversed, holding that because there was no voluntary wavier, Defendant’s absence from the sentencing proceeding was in itself, under precedent, an error because it constituted a violation of his right under CPL 380.40. View "People v. Estremera" on Justia Law