The People v. Ronald D. Rossborough

Summary

The New York Court of Appeals held that a felony defendant may expressly waive the right to be personally present at sentencing. The waiver must be knowing, voluntary, and intelligent, and the court must ensure that the defendant understands the right being waived. Because Ronald D. Rossborough knowingly waived his presence and was sentenced according to the negotiated plea agreement, the court affirmed.

Holdings

1. A defendant convicted of a felony may expressly waive the right to be personally present at sentencing, notwithstanding Criminal Procedure Law § 380.40's general requirement of personal presence.
2. Defendant validly waived his right to be personally present because he specifically requested the waiver, made the request on the record in the presence of counsel, was advised of his absolute right to appear, understood the plea terms, and was assured that he would have to appear if the negotiated sentence could not be imposed.

Questions Presented

1. Whether a defendant who has pleaded guilty to a felony may expressly waive the statutory right to be personally present when sentence is pronounced under Criminal Procedure Law § 380.40.
2. Whether defendant's on-the-record waiver was knowing, voluntary, and intelligent under the circumstances of the negotiated plea and sentencing.

Disposition

affirmed