The People of the State of New York, Respondent, v. Luckey Holmes, Defendant-Appellant. (2025)

Supreme Court, Appellate Term, New York,

The People of the State of New York, Respondent, v. Luckey Holmes, Defendant-Appellant.

570241 /21

Decided: September 11, 2025

PRESENT: Brigantti, J.P., Tisch, James, JJ.

Per Curiam.

Judgment of conviction (Jeffrey Rosenblueth, J.), rendered March 17, 2021, modified, on the law, to the extent of remanding for pronouncement of sentence on the record.

Although there was discussion on the record of the sentence the court intended to impose, the court never formally imposed sentence in accordance with CPL 380.20. Accordingly, the matter is remanded for the sole purpose of pronouncing defendant's sentence on the record (see e.g. People v Cosby, 154 AD3d 505 [2017], lv denied 34 NY3d 1127 [2020]; People v Espinal, 234 AD2d 84, 84-85 [1996], app denied 89 NY2d 1092 [1997]). In the absence of a sentence, there is nothing from which defendant can appeal (see People v Cioffi, 1 NY2d 70, 72 [1956]; see also People v Bunder, 14 NY2d 723, 724 [1964]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: September 11, 2025

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