N.Y. Criminal Procedure Law Section 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.

Source: Section 380.40 — Defendant's presence at sentencing, https://www.­nysenate.­gov/legislation/laws/CPL/380.­40 (updated Sep. 22, 2014; accessed Feb. 28, 2026).

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Feb. 28, 2026

Last modified:
Sep. 22, 2014

§ 380.40. Defendant's presence at sentencing's source at nysenate​.gov

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