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