Opinion
No. 2011–2065WCR.
2014-01-31
The PEOPLE of the State of New York, Respondent, v. Kenneth STEPNEY, Appellant.
The People correctly concede that defendant was not sentenced on each of the counts of the judgment rendered under Docket Number 09–3247, convicting him of endangering the welfare of a child, forcible touching, and sexual abuse in the second degree, or on each of the counts of the judgment rendered under Docket Number 09–3248, convicting him of endangering the welfare of a child, forcible touching, and sexual abuse in the second degree. CPL 380.20 requires that “the court must pronounce sentence on each count” of which the defendant is convicted. Because the court did not do so, those judgments must be modified by vacating the sentences imposed thereon and remitting the matter to the City Court for resentencing on each count of those judgments ( see People v. Sturgis, 69 N.Y.2d 816 [1987];People v. Henry, 80 AD3d 625, 626 [2011];People v.. Caravousanos, 2 Misc.3d 7, 11 [App Term, 9th & 10th Jud Dists 2003] ). However, the court correctly sentenced defendant on the judgment rendered under Docket Numbers 09–3245, convicting him of endangering the welfare of a child, and the judgment rendered under Docket Number 09–3246, convicting him of forcible touching. Accordingly, those judgments are affirmed.