People v. Valion
Categories
Attorneys and Parties
Brief Summary
Criminal sentencing procedure after a guilty plea, specifically whether the trial court properly pronounced sentence on each count as required by Criminal Procedure Law (CPL) 380.20 [requires the court to pronounce sentence on each count].
Supreme Court, Monroe County, accepted the defendant's guilty plea and convicted him of attempted murder in the second degree, assault in the first degree, two counts of criminal possession of a weapon in the second degree, falsifying business records in the first degree, and falsely reporting an incident in the third degree, and imposed sentence.
The Appellate Division vacated only the sentence and remitted the matter for resentencing; the judgment of conviction was otherwise affirmed.
The sentencing court failed to orally pronounce sentence on each count of conviction, which violated CPL 380.20, and that defect required resentencing even though the certificate of disposition listed separate terms for each count.
Background
The defendant pleaded guilty to attempted murder in the second degree under Penal Law §§ 110.00 and 125.25(1) [attempt and intentional murder], assault in the first degree under Penal Law § 120.10(1) [serious physical injury by means of a deadly weapon or dangerous instrument], two counts of criminal possession of a weapon in the second degree under Penal Law § 265.03(1)(b) and (3) [possession of a loaded firearm with unlawful intent and related weapon possession offense], falsifying business records in the first degree under Penal Law § 175.10 [falsifying business records to commit or conceal another crime], and falsely reporting an incident in the third degree under Penal Law § 240.50(1) [knowingly providing false information about an incident]. He appealed from the judgment entered on his guilty plea.
Lower Court Decision
The lower court entered judgment convicting the defendant on all pleaded counts and imposed sentence. However, although a certificate of disposition reflected distinct periods of incarceration for each count, the court did not pronounce sentence on each count in open court.
Appellate Division Reversal
The Appellate Division unanimously modified the judgment by vacating the sentence and remitting the matter to Supreme Court, Monroe County, for resentencing. The court held that the failure to pronounce sentence on each count violated CPL 380.20. Because that error required resentencing, the court did not reach the defendant's argument that the sentence was unduly harsh and severe.
Legal Significance
This decision reinforces that in New York criminal cases, the sentencing court must orally pronounce sentence on each count of conviction. A written certificate of disposition cannot cure the failure to do so. When that procedural requirement is not followed, the proper remedy is vacatur of the sentence and remittal for resentencing, even where the conviction itself remains intact.
A New York trial court must state the sentence for every count on the record at sentencing; if it does not, the sentence will be vacated and the case sent back for resentencing.