Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, First DepartmentOct 22, 1996
649 N.Y.S.2d 128 (N.Y. App. Div. 1996)
649 N.Y.S.2d 128232 A.D.2d 269

Cases citing this case

How cited

  • People v. Savino

    …Through his use of aliases and false pedigrees, he repeatedly escaped sentencing on the instant conviction.…

  • People v. Ochoa

    …denied, 88 NY2d 855 (1996). Indeed, the First Department has held that delays from thirty-seven months ( see…

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October 22, 1996.

Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered September 28, 1994, convicting defendant, upon her plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing her to a term of 1½ to 4½ years, unanimously affirmed.

Before: Murphy, P.J., Sullivan, Rubin, Ross and Williams, JJ.

The 37-month delay in sentencing, while considerable, was due to defendant's actions in not appearing for sentencing and then, when rearrested, providing false pedigree information ( see, People v Drake, 61 NY2d 359, 365-366). The record shows that the People conducted a thorough search for defendant, but their efforts were frustrated by defendant's use of false pedigrees. Therefore, knowledge of defendant's whereabouts during her incarceration cannot be imputed to the People for purposes of defendant's right to be sentenced without unreasonable delay.