Section 400.10. Pre-sentence conference  


Latest version.
  • 1.  Authorization and purpose. Before pronouncing sentence, the court,
      in its discretion, may hold one or more pre-sentence conferences in open
      court or in chambers in order to (a) resolve any  discrepancies  between
      the  pre-sentence  report,  or other information the court has received,
      and the defendant's or prosecutor's  pre-sentence  memorandum  submitted
      pursuant to section 390.40, or (b) assist the court in its consideration
      of any matter relevant to the sentence to be pronounced.
        2.  Attendance.  Such  conference  may be held with the prosecutor and
      defense counsel in the absence of the defendant, or the court may direct
      that the defendant attend. The court may also direct that any person who
      has furnished or who can furnish information  to  the  court  concerning
      sentence  attend.  Reasonable  notice of the conference must be given to
      the prosecutor  and  the  defense  counsel,  who  must  be  afforded  an
      opportunity to participate therein.
        3.  Procedure  at conference. The court may advise the persons present
      at the conference of the factual contents of any report or memorandum it
      has received and afford  any  of  the  participants  an  opportunity  to
      controvert  or  to  comment  upon any fact. The court may also conduct a
      summary hearing at the conference on any matter relevant to sentence and
      may take testimony under oath. In the discretion of the  court,  all  or
      any part of the proceedings at the conference may be recorded by a court
      stenographer and the transcript made part of the pre-sentence report.
        4.  Pre-sentence  conditions. After conviction and prior to sentencing
      the court may adjourn sentencing to a  subsequent  date  and  order  the
      defendant  to  comply with any of the conditions contained in paragraphs
      (a) through (f) and paragraph (l) of subdivision two of section 65.10 of
      the  penal  law.  In  imposing  sentence,  the  court  shall  take  into
      consideration  the  defendant's  record  of compliance with pre-sentence
      conditions ordered by the court.