New York — Statute

380.40 – 380.40 | New York Law

Learn about New York's 380.40 law, including definitions, penalties, and legal implications.

Legal Content

380.40 – 380.40

New York Criminal Procedure § 380.40

Statute Summary

NY CPL § 380.40 - Defendant's presence at sentencing 1. In general. The defendant must be personally present at the time sentence is pronounced. 2. Exception. Where sentence is to be pronounced for a misdemeanor or for a petty offense, the court may, on motion of the defendant, dispense with the requirement that the defendant be personally present. Any such motion must be accompanied by a waiver, signed and acknowledged by the defendant, reciting the maximum sentence th

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In simple terms: Learn about New York's 380.40 law, including definitions, penalties, and legal implications.. This means people must follow this rule, and breaking it can lead to criminal penalties.