Summary
Vacating sentence: "thePeople concede that they failed to provide defendant with a copy of the persistent violent felony offender statement until the day of sentencing. Defendant, who, through counsel, wished to controvert at least one aspect of the statement, was thus entitled to an adjournment, as requested, of no less than two days before proceeding with a hearing on the challenged allegation."
Summary of this case from Dickens v. FilionOpinion
October 25, 1984
Appeal from the Supreme Court, New York County (Scott, J.).
With commendable candor the People concede that they failed to provide defendant with a copy of the persistent violent felony offender statement until the day of sentencing. Defendant, who, through counsel, wished to controvert at least one aspect of the statement, was thus entitled to an adjournment, as requested, of no less than two days before proceeding with a hearing on the challenged allegation. (CPL 400.15, subd. 6.) Accordingly, the sentence is vacated and the matter remanded for further proceedings. In light of this determination it is not necessary to reach the question of whether it was proper to sentence defendant in absentia.
We have examined defendant's other contentions and find that they are without merit.
Concur — Sandler, J.P., Sullivan, Silverman and Milonas, JJ.