​ DEFENDANT WAS SENTENCED VIRTUALLY AND DID NOT WAIVE HIS RIGHT TO BE PRESENT; RESENTENCING ORDERED (FIRST DEPT).

The First Department determined defendant was entitled to be resentenced because the sentencing was virtual and defendant did not waive his right to be present:

… [D]efendant is entitled to be resentenced because he had a right to be personally present at his sentencing, and he did not expressly waive that right during the virtual proceeding (see CPL 380.40[1] …). People v Barksdale, 2023 NY Slip Op 02744, First Dept 5-18-23

Practice Point: For a virtual sentencing to be valid, the defendant must waive his right to be present.