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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
May 27, 1999
261 A.D.2d 331 (N.Y. App. Div. 1999)

Opinion

May 27, 1999

Appeal from the Supreme Court, New York County (George Roberts, J., at plea; Brenda Soloff, J., at sentence).


Defendant's claim that the court improperly denied his request for an adjournment of sentencing for the purpose of making a motion, pursuant to CPL 380.30 (1), challenging the delay between his plea and sentencing, has not been preserved for appellate review, because at the time of sentencing defendant did not articulate his present claim that the delay resulted from his Federal incarceration within the People's actual or constructive knowledge. Moreover, defendant made no subsequent effort to establish this claim by way of a post-conviction motion pursuant to CPL article 440 Crim. Proc.. We decline to review this claim in the interest of justice. Were we to review it, we would find that the court properly exercised its discretion in denying the requested adjournment, because there was no indication at sentencing that the People knew or should have known of defendant's Federal incarceration or that a motion challenging sentencing delay would otherwise have any merit.

We perceive no abuse of sentencing discretion.

Concur — Nardelli, J. P., Tom, Mazzarelli, Lerner and Buckley, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
May 27, 1999
261 A.D.2d 331 (N.Y. App. Div. 1999)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLIE RODRIGUEZ…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 27, 1999

Citations

261 A.D.2d 331 (N.Y. App. Div. 1999)
690 N.Y.S.2d 426

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