Opinion
May 7, 1999
Appeal from Resentence of Onondaga County Court, Mulroy, J. — Resentence.
Present — Denman, P. J., Hayes, Wisner, Hurlbutt and Callahan, JJ.
Resentence unanimously reversed on the law and matter remitted to Onondaga County Court for resentencing in accordance with the following Memorandum: Defendant appeals from a resentence in connection with his conviction of robbery in the first degree ( see, People v. Brown, 261 A.D.2d 889 [decided herewith]). We do not decide whether the resentence is unduly harsh or severe. County Court's failure to have defendant produced at the resentencing denied defendant his statutory rights to be present ( see, CPL 380.40) and to make a statement in his behalf ( see, CPL 380.50; see also, People v. Brown, 155 A.D.2d 608; People v. Colon, 89 A.D.2d 552; People v. Lee, 84 A.D.2d 699).