Opinion
2018–05361 Ind.No. 6166/16
08-05-2020
The PEOPLE, etc., Respondent, v. Maurice CHILDS, Appellant.
Janet E. Sabel, New York, N.Y. (Lorca Morello of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Lorca Morello of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dena E. Douglas, J.), rendered January 16, 2018, convicting him of unlawful surveillance in the second degree, upon his plea of guilty, and sentencing him to an unspecified term of probation.
ORDERED that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.
CPL 380.20 requires that courts "must pronounce sentence in every case where a conviction is entered." "When the sentencing court fails to orally pronounce a component of the sentence, the sentence must be vacated and the matter remitted for resentencing in compliance with the statutory scheme" ( People v. Cleveland, 177 A.D.3d 1382, 1383, 110 N.Y.S.3d 607 ; see People v. Guadalupe, 129 A.D.3d 989, 10 N.Y.S.3d 450 ). Here, although the parties do not dispute that, as part of the negotiated disposition, the defendant was promised a term of probation of three years, the sentence must be vacated and the matter must be remitted to the Supreme Court, Kings County, for resentencing because the court failed to pronounce the length of the probation term (see People v. Jemmott, 184 A.D.3d 586, 122 N.Y.S.3d 909 ; People v. Tyrek M., 183 A.D.3d 915, 122 N.Y.S.3d 549 ; People v. Petrangelo, 159 A.D.3d 1559, 1560, 70 N.Y.S.3d 438 ; People v. Knox, 56 A.D.3d 799, 800, 868 N.Y.S.2d 154 ).
MASTRO, J.P., LEVENTHAL, MALTESE and IANNACCI, JJ., concur.