People v. Stewart

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to Supreme Court for resentencing.

A defendant has the right to be present at all material stages of trial (see People v Ciaccio, 47 NY2d 431, 436 [1979]), including sentencing {see CPL 380.40 [1]). We recently held that a defendant who has been convicted of a felony may waive his right to be present at sentencing, but must do so “expressly” (People v Rossborough, 27 NY3d 485, 488 [2016]). The same principle applies in resentencing. The People do not contend otherwise, but insist that an…