People v. Mills

My analysis begins with CPL 380.40 (1), which plainly provides that, “[i]n general ...[,] the defendant must be personally present at the time sentence is pronounced.” CPL 380.50 (1), in turn, considers statements at the time of sentencing, and it provides, inter alia, these mandates: “At the time of pronouncing sentence, the court must accord the prosecutor an opportunity to make a statement with respect to any matter relevant to the question of sentence. The court must then accord counsel for the defendant an opportunity to speak on behalf of the defendant. The defendant *1557also has the right…