Statute · New York Criminal Procedure Law
N.Y. Crim. Proc. Law § 380.40 — Defendant's presence at sentencing
N.Y. Crim. Proc. Law § 380.40
- Type
- Statute
- Source
- New York Criminal Procedure Law
- Jurisdiction
- New York
- Current through
- Nov 5, 2026 (NY Senate Open Legislation)
§ 380.40 Defendant's presence at sentencing.
Citator
N.Y. Crim. Proc. Law § 380.40 — Defendant's presence at sentencing is in force in the current edition of the Code, and nothing recorded condemns it.
§ 380.40 Defendant's presence at sentencing.
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 defendant be personally present. Any such motion must be accompanied by a waiver, signed and acknowledged by the defendant, reciting the maximum sentence that may be imposed for the offense and stating that the defendant waives the right to be personally present at the time sentence is pronounced.
3. Corporations. Sentence may be pronounced against a corporation in the absence of counsel if counsel fails to appear on the date of sentence after reasonable notice thereof.