Opinion
2018–05360 Ind. No. 2120/17
06-03-2020
The PEOPLE, etc., Respondent, v. Jabari JEMMOTT, Appellant.
Janet E. Sabel, New York, N.Y. (Desiree Sheridan of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Alastair Allen on the memorandum), for respondent.
Janet E. Sabel, New York, N.Y. (Desiree Sheridan of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Alastair Allen on the memorandum), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Cassandra Mullen, J.), imposed February 7, 2018, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is reversed, on the law, and the matter is remitted to Supreme Court, Kings County, for resentencing in accordance herewith.
As the People concede, since the Supreme Court did not pronounce the length of the term of probation in open court, the sentence must be reversed and the matter remitted to the Supreme Court, Kings County, for resentencing in accordance with CPL 380.20 (see People v. Lingle, 16 N.Y.3d 621, 634–635, 926 N.Y.S.2d 4, 949 N.E.2d 952 ; People v. Sparber, 10 N.Y.3d 457, 465, 859 N.Y.S.2d 582, 889 N.E.2d 459 ; People v. Petrangelo, 159 A.D.3d 1559, 1560, 70 N.Y.S.3d 438 ; People v. Guadalupe, 129 A.D.3d 989, 10 N.Y.S.3d 450 ).
In light of our determination, we need not reach the defendant's remaining contentions.
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.