PEOPLE v. BROWN (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Spartacus T. BROWN, Defendant-Appellant. (Appeal No. 2.)

Decided: May 07, 1999

PRESENT: DENMAN, P.J., HAYES, WISNER, HURLBUTT and CALLAHAN, JJ.

Vanessa Bogan, Syracuse, for defendant-appellant. James Maxwell, for plaintiff-respondent.

Defendant appeals from a resentence in connection with his conviction of robbery in the first degree (see, People v. Brown [appeal No. 1], 256 A.D.2d 1109, 685 N.Y.S.2d 158). We do not decide whether the resentence is unduly harsh or severe. County Court's failure to have defendant produced at the resentencing denied defendant his statutory rights to be present (see, CPL 380.40[1] ) and to make a statement in his behalf (see, CPL 380.50[1]; see also, People v. Brown [Cecil], 155 A.D.2d 608, 547 N.Y.S.2d 664; People v. Colon, 89 A.D.2d 552, 453 N.Y.S.2d 155; People v. Lee, 84 A.D.2d 699, 443 N.Y.S.2d 728).

Resentence unanimously reversed on the law and matter remitted to Onondaga County Court for resentencing.

MEMORANDUM:

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