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PEOPLE v. HERBERT

59, 2402/03.

135 A.D.3d 659 (2016)

23 N.Y.S.3d 572

2016 NY Slip Op 00601

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE HERBERT, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 28, 2016.

The court properly resentenced defendant in his absence. The record supports the court's conclusion that, under the unusual circumstances presented, defendant forfeited his right to be present and sentencing in absentia was permissible (see People v Halls, 85 A.D.3d 632 [1st Dept 2011], lv denied 17 N.Y.3d 859 [2011]). The Correction Law § 601-d proceeding to add postrelease supervision...

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