| People v Robinson |
| 2010 NY Slip Op 00545 [69 AD3d 885] |
| January 19, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v William Robinson, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo,J.), rendered December 14, 2007, convicting him of criminal sale of a controlled substance in thethird degree (five counts ) and criminal possession of a controlled substance in the third degree(five counts), upon his plea of guilty, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the sentence imposedthereon; as so modified, the judgment is affirmed, and the matter is remitted to the County Court,Suffolk County, for resentencing in accordance herewith.
CPL 380.20 requires a sentencing court to pronounce sentence upon each count of anaccusatory instrument for which a verdict of guilty or a plea of guilty has been entered(see Preiser, Practice Commentaries, McKinney's Cons Laws of NY, Book 11A, CPL380.20). Here, the sentencing minutes show that the County Court failed to pronounce sentenceon the five counts of criminal sale of a controlled substance in the third degree to which thedefendant pleaded guilty. Accordingly, the sentence must be vacated and the matter remitted tothe County Court, Suffolk County for resentencing on all 10 counts of the indictment uponwhich the defendant was convicted (see People v Battle, 305 AD2d 515 [2003];People v Sacco, 294 AD2d 452 [2002]; People v Johnson, 259 AD2d 560[1999]). Skelos, J.P., Florio, Balkin, Belen and Austin, JJ., concur.