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People v. Jackson

Supreme Court, Appellate Division, First Department, New York.
Jan 28, 2014
113 A.D.3d 549 (N.Y. App. Div. 2014)

Opinion

2014-01-28

The PEOPLE of the State of New York, Respondent, v. Jermaine JACKSON, Defendant–Appellant.

Steven Banks, The Legal Aid Society, New York (Susan Epstein of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.


Steven Banks, The Legal Aid Society, New York (Susan Epstein of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered August 11, 2011, convicting defendant, upon his plea of guilty, of violation of probation, revoking his sentence of probation and resentencing him to a term of 13 to 39 months, unanimously affirmed.

Defendant did not preserve the specific claim he raises on appeal regarding the delayed determination of his violation of probation proceeding ( see People v. Douglas, 94 N.Y.2d 807, 701 N.Y.S.2d 305, 723 N.E.2d 54 [1999]; People v. Kyem, 272 A.D.2d 136, 708 N.Y.S.2d 613 [1st Dept. 2000], lv. denied95 N.Y.2d 836, 713 N.Y.S.2d 143, 735 N.E.2d 423 [2000] ), and we decline to review it in the interest of justice. As an alternate holding, we conclude that there was no excessive delay, or loss of jurisdiction to impose an incarceratory sentence. After pleading guilty to violation of probation, defendant consented to delays that were intended to benefit him ( see id.). The court gave defendant extensive opportunities for rehabilitation, which proved to be unavailing.

We perceive no basis for reducing the sentence. ACOSTA, J.P., SAXE, MOSKOWITZ, FEINMAN, JJ., concur.


Summaries of

People v. Jackson

Supreme Court, Appellate Division, First Department, New York.
Jan 28, 2014
113 A.D.3d 549 (N.Y. App. Div. 2014)
Case details for

People v. Jackson

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Jermaine JACKSON…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Jan 28, 2014

Citations

113 A.D.3d 549 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 456
978 N.Y.S.2d 851