People v Lee

Holding The court held that the sentencing court’s denial of defense counsel’s attendance at the presentence interview was an improvident exercise of discretion. Consequently, the sentence was vacated and the matter remanded for resentencing following a new presentence interview where defense counsel may appear.

The court’s words

Supreme Court's denial of defense counsel's attendance at the presentence interview was an improvident exercise of discretion

2026 NY Slip Op 06259, at the official text

defendant's sentence should be vacated, and the matter remanded for resentencing after a presentence interview at which defense counsel may appear

2026 NY Slip Op 06259, at the official text

the absence of a provision indicating whether counsel is permitted to attend the presentence interview leaves the issue to the court's discretion

2026 NY Slip Op 06259, at the official text

the court did not abuse its discretion in allowing the prosecutor to read the victim's impact statement

2026 NY Slip Op 06259, at the official text