N.Y. Criminal Procedure Law § 380.40: Defendant's presence at sentencing

§ 380.40 Defendant's presence at sentencing.

1. In general. The defendant must be personally present at the time

sentence is pronounced.

2. Exception. Where sentence is to be pronounced for a misdemeanor

or for a petty offense, the court may, on motion of the defendant,

dispense with the requirement that the defendant be personally present.

Any such motion must be accompanied by a waiver, signed and acknowledged

by the defendant, reciting the maximum sentence that may be imposed for

the offense and stating that the defendant waives the right to be

personally present at the time sentence is pronounced.

3. Corporations. Sentence may be pronounced against a corporation in

the absence of counsel if counsel fails to appear on the date of

sentence after reasonable notice thereof.