People v. Chase

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

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.