Opinion
09-21-2016
The PEOPLE, etc., respondent, v. Roosevelt ROSE, appellant.
Seymour W. James, Jr., New York, NY (Seth Steed of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (Deborah E. Wassel of counsel), for respondent.
Seymour W. James, Jr., New York, NY (Seth Steed of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (Deborah E. Wassel of counsel), for respondent.
Appeal by the defendant from a resentence of the Supreme Court, Queens County (Kron, J.), imposed September 17, 2014, upon his convictions of robbery in the second degree and assault in the third degree, upon a jury verdict, after remittitur from this Court for resentencing (see People v. Rose, 120 A.D.3d 593, 990 N.Y.S.2d 832 ).
ORDERED that the resentence is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.
After remittitur from this Court for resentence (see People v. Rose, 120 A.D.3d 593, 990 N.Y.S.2d 832 ), the Supreme Court failed to pronounce sentence, in violation of its obligation under CPL 380.20 (see People v. Guerrero, 12 N.Y.3d 45, 47, 876 N.Y.S.2d 687, 904 N.E.2d 823 ; People v. Bailey, 132 A.D.3d 690, 17 N.Y.S.3d 306 ; People v. Guadalupe, 129 A.D.3d 989, 10 N.Y.S.3d 450 ). Accordingly, the resentence must be reversed and the matter remitted to the Supreme Court, Queens County, for resentencing on all counts upon which the defendant was convicted.
ENG, P.J., RIVERA, DICKERSON, HINDS–RADIX and MALTESE, JJ., concur.