New York statute
N.Y. Criminal Procedure Law § 380.40 — Defendant's presence at sentencing
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 380: Sentencing In General, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 380.40
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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 that may be imposed for
the offense and stating that the defendant waives the right to be
personally present at the time sentence is pronounced.
3. Corporations. Sentence may be pronounced against a corporation in
the absence of counsel if counsel fails to appear on the date of
sentence after reasonable notice thereof.
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