N.Y. Laws » CHAPTER Criminal Procedure / PART The Principal Proceedings / TITLE Sentence / ARTICLE Sentencing In General
New York Consolidated Laws

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

Defendant's presence at sentencing

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 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.
Notes of Decisions
Cited in 2 cases, 2016–2017 · leading case: The People v. Ronald D. Rossborough, 54 N.E.3d 71 (N.Y. 2016).
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The People v. Ronald D. Rossborough, 54 N.E.3d 71 (N.Y. 2016). “When counsel responded that the report was satisfactory, the court sentenced defendant in accordance with the plea agreement.”
The People v. Roberto Estremera, 88 N.E.3d 1185 (N.Y. 2017). “: Criminal Procedure Law § 380.40 provides that a defendant "must be personally present at the time sentence is pronounced.”
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