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.
Structure New York Laws
Part 2 - The Principal Proceedings
Article 380 - Sentencing in General
380.30 - Time for Pronouncing Sentence.
380.40 - Defendant's Presence at Sentencing.
380.50 - Statements at Time of Sentence.
380.55 - Application for Poor Person Relief on Appeal.
380.60 - Authority for the Execution of Sentence.
380.80 - Reporting Sentence to Social Services.
380.90 - Reporting Sentences to Schools.
380.95 - Reporting Convictions of Certain School Employees.
380.95*2 - Reporting Convictions of Certain School Employees.
380.96 - Obligation of Sentencing Court Pursuant to Article Four Hundred of the Penal Law.
380.97 - Notification to Division of Criminal Justice Services of Certain Misdemeanor Convictions.