by admin | May 14, 2021 | Criminal Procedure, New York
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...
by admin | May 14, 2021 | Criminal Procedure, New York
1. In general. Sentence must be pronounced without unreasonable delay.2. Court to fix time. Upon entering a conviction the court must: (a) Fix a date for pronouncing sentence; or(b) Fix a date for one of the pre-sentence proceedings specified in article four hundred;...
by admin | May 14, 2021 | Criminal Procedure, New York
The court must pronounce sentence in every case where a conviction is entered. If an accusatory instrument contains multiple counts and a conviction is entered on more than one count the court must pronounce sentence on each count.N.Y. Crim. Proc. Law ยง 380.20
by admin | May 14, 2021 | Criminal Procedure, New York
1. In general. The procedure prescribed by this title applies to sentencing for every offense, whether defined within or outside of the penal law; provided, however, where a judicial hearing officer has conducted the trial pursuant to section 350.20 of this chapter,...
by admin | May 14, 2021 | Criminal Procedure, New York
1. Upon judgment of conviction for a felony or a serious offense, the court shall inquire of the defendant as to the existence of all firearms, rifles and shotguns he or she owns or possesses. The court shall order the immediate surrender, pursuant to subparagraph (f)...
by admin | May 14, 2021 | Criminal Procedure, New York
1. When a defendant has been charged with assault in the third degree, menacing in the third degree, menacing in the second degree, criminal obstruction of breathing or blood circulation, unlawful imprisonment in the second degree, coercion in the third degree,...
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