People v. Jemmott

184 A.D.3d 586

122 N.Y.S.3d 909 (Mem)

The PEOPLE, etc., Respondent,

v.Jabari JEMMOTT, Appellant.

2018–05360

Ind. No. 2120/17

Supreme Court, Appellate Division, Second Department, New York.

Submitted—May 6, 2020

June 3, 2020

Janet E. Sabel, New York, N.Y. (Desiree Sheridan of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Alastair Allen on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Cassandra Mullen, J.), imposed February 7, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is reversed, on the law, and the matter is remitted to Supreme Court, Kings County, for resentencing in accordance herewith.

As the People concede, since the Supreme Court did not pronounce the length of the term of probation in open court, the sentence must be reversed and the matter remitted to the Supreme Court, Kings County, for resentencing in accordance with CPL 380.20 (see People v. Lingle, 16 N.Y.3d 621, 634–635, 926 N.Y.S.2d 4, 949 N.E.2d 952 ; People v. Sparber, 10 N.Y.3d 457, 465, 859 N.Y.S.2d 582, 889 N.E.2d 459 ; People v. Petrangelo, 159 A.D.3d 1559, 1560, 70 N.Y.S.3d 438 ; People v. Guadalupe, 129 A.D.3d 989, 10 N.Y.S.3d 450 ).

In light of our determination, we need not reach the defendant's remaining contentions.

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ.,...