Opinion
December 4, 1990
Appeal from the Supreme Court, Bronx County, Ira Globerman, J., Steven Barrett, J.
On the night of October 29, 1988, defendant and his brother went to a social club at East 219th Street in the Bronx intending to commit armed robbery. Defendant was armed with an Uzi semiautomatic weapon. During the attempted robbery, defendant's brother shot and killed a patron. Defendant and his brother were apprehended while fleeing and attempting to dispose of the weapons. Defendant's transfer to central booking for arraignment was delayed in order to investigate defendant's connection with the shootings. Over the course of approximately 16 hours following arrest, defendant made several statements to the police, and eventually, a confession, which was videotaped.
Defendant argues that the unreasonable delay in arraignment constitutes an extraordinary circumstance such that defendant's right to counsel should be deemed to have attached. We disagree. Such delays do not cause the right to counsel to attach automatically and are but one factor to be considered on the issue of underlying involuntariness (see, People v. Hopkins, 58 N.Y.2d 1079). In this case, the delay in arraignment was justified in light of the ongoing investigation.
Also without merit is defendant's contention that his sentence was excessive. Defendant was sentenced in accordance with his plea bargain, and having received the benefit of his bargain, should be bound by its terms (People v. Bosque, 155 A.D.2d 377), which in the circumstances we believe to be justified.
Concur — Murphy, P.J., Kupferman, Sullivan, Wallach and Rubin, JJ.