People v. Nathanson

OPINION OF THE COURT

John V. Vaughn, J.

Defendant, having been convicted and sentenced on a plea of guilty to criminal sale of a controlled substance in the third degree, now moves for resentencing pursuant to section 60.09 of the Penal Law which became effective on September 1, 1979. The District Attorney consents to the resentence but requests that it be spared the time and expense involved in having the defendant brought before the court, and that the defendant be sentenced in absentia.

Defendant was initially sentenced to a term of one year to life on April 3, 1979, based upon her plea of…