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People v. Robinson

NEW YORK SUPREME COURT, APPELLATE DIVISION, SECOND DEPARTMENT


January 19, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
WILLIAM ROBINSON, APPELLANT.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., ANITA R. FLORIO, RUTH C. BALKIN, ARIEL E. BELEN and LEONARD B. AUSTIN, JJ.

(Ind. No. 468/07)

DECISION & ORDER

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 AD2d 515; People v Sacco, 294 AD2d 452; People v Johnson, 259 AD2d 560).

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

20100119

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