People v. Garcia

*478Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered December 21, 2009, resentencing defendant, as a second felony offender, to a term of nine years, unanimously reversed, on the law, and the matter remanded for resentencing.

The court improperly resentenced defendant in his absence. When the court resentenced defendant on his drug conviction after granting his CPL 440.46 application, he was entitled to be present for the actual pronouncement of the new sentence, notwithstanding his presence at a proceeding three days earlier at which the terms of the new…