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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM GARRISON, Appellant.

Ordered that the order is reversed, on the law, the motion is granted, the amended sentence is vacated, and the matter is remitted to the County Court, Orange County, for resentencing in accordance herewith.

As the People correctly concede on this appeal, the County Court's failure to have the defendant produced at the proceeding at which it amended the sentence, after it determined that the original sentence was unlawful, violated the defendant's statutory right to be present at the time of sentence ( see CPL 380.40; People v. Horton, 296 AD2d 466, 467; People v. Brown, 155 AD2d 608; People v. Lucks, 91 AD2d 896, 897).

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PEOPLE v. GARRISON
(Jul 19, 2004)