People v. Chase

Appellate Division of the Supreme Court of New York

People v. Chase

306 A.D.2d 167, 760 N.Y.S.2d 327, 2003 N.Y. App. Div. LEXIS 7224

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 19, 2003

StatusPublished

Cited by2 cases

This text of 306 A.D.2d 167 (People v. Chase) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Chase, 306 A.D.2d 167, 760 N.Y.S.2d 327, 2003 N.Y. App. Div. LEXIS 7224 (N.Y. Ct. App. 2003).

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Opinion

—Judgment, Supreme Court, New York County (Laura Ward, J.), rendered February 28, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s sentencing was not unreasonably delayed (see People v Drake, 61 NY2d 359 [1984]). Since defendant absconded, his argument that the People exercised inadequate diligence is unavailing (see People v Reyes, 214 AD2d 233 [1995], lv denied 87 NY2d 850 [1995]), especially since the delay was exacerbated by defendant’s use of assumed names (see e.g. People v McQuilken, 249 AD2d 35 [1998], lv denied 92 NY2d 901 [1998]). Concur — Nardelli, J.P., Tom, Rosenberger and Gonzalez, JJ.

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—Judgment, Supreme Court, New York County (Laura Ward, J.), rendered February 28, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s sentencing was not unreasonably delayed (see People v Drake, 61 NY2d 359 [1984]). Since defendant absconded, his argument that the People exercised inadequate diligence is unavailing (see People v Reyes, 214 AD2d 233 [1995], lv denied 87 NY2d 850 [1995]), especially since the delay was exacerbated by defendant’s use of assumed names (see e.g. People v McQuilken, 249 AD2d 35 [1998], lv denied 92 NY2d 901 [1998]). Concur — Nardelli, J.P., Tom, Rosenberger and Gonzalez, JJ.

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Bluebook (online)

306 A.D.2d 167, 760 N.Y.S.2d 327, 2003 N.Y. App. Div. LEXIS 7224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chase-nyappdiv-2003.

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