| People v Hernandez |
| 2013 NY Slip Op 04828 [107 AD3d 1016] |
| June 26, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v William Hernandez, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Steven A. Bender,and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Holdman, J.), rendered May 21, 2010, convicting him of robbery in the first degree,upon his plea of guilty, and sentencing him, as a second felony offender, to a determinateterm of imprisonment of eight years, to be followed by a period of five years ofpostrelease supervision.
Ordered that judgment is modified, on the law, by vacating the sentence imposed; asso modified, the judgment is affirmed, and the matter is remitted to the County Court,Westchester County, for resentencing in accordance herewith.
The People correctly concede that the County Court failed to pronounce sentence inthe defendant's presence in violation of its obligation under CPL 380.20 (see People v Guerrero, 12NY3d 45, 47 [2009]; People v Sparber, 10 NY3d 457, 472 [2008]). Accordingly,the sentence must be vacated and the matter remitted to the County Court, WestchesterCounty, for resentencing on the conviction of robbery in the first degree in accordancewith CPL 380.20 (see People vMcGhee, 96 AD3d 786 [2012]; People v Henry, 80 AD3d 625, 626 [2011]). Angiolillo,J.P., Balkin, Austin and Miller, JJ., concur.