People State New York v. Rudolph Stroman

[36 N.Y.2d 939 Page 940] Memorandum. The order of the Appellate Division, insofar only as it affirmed the sentence, and as limited by appellant's brief, should be reversed and the case remitted to the Supreme Court, New York County, for resentencing of the defendant. Upon his plea of guilty of the crime of burglary, defendant was sentenced to an indeterminate term of six years' imprisonment. The sentence was imposed, however, at a time when defendant was not in the courtroom and was actually in an adjacent detention pen, he having left the room following colloquy with the court.