The People, etc., respondent, v. William Robinson, appellant. (2010)

Submitted-December 16, 2009

DECISION & ORDER

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 the third 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 imposed thereon;  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 an accusatory 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, CPL 380.20).   Here, the sentencing minutes show that the County Court failed to pronounce sentence on the five counts of criminal sale of a controlled substance in the third degree to which the defendant pleaded guilty.   Accordingly, the sentence must be vacated and the matter remitted to the County Court, Suffolk County for resentencing on all 10 counts of the indictment upon which the defendant was convicted (see People v. Battle, 305 A.D.2d 515;  People v. Sacco, 294 A.D.2d 452;  People v. Johnson, 259 A.D.2d 560).

SKELOS, J.P., FLORIO, BALKIN, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court