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THE LENGTH OF THE SENTENCE WAS NOT PRONOUNCED; RESENTENCING IS REQUIRED (THIRD DEPT).

The Third Department, reversing County County, determined the failure to pronounce the length of sentence required resentencing:

“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” … . This statutory requirement is “unyielding” … . Here, although the term of imprisonment was recited — on the record and more than once — at the time of sentencing, County Court “did not pronounce the length of the term of [imprisonment] in open court” … . People v Belcher-Cumba, 2022 NY Slip Op 00691, Third Dept 2-3-22

 

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