People v. Hawkins

Appellate Division of the Supreme Court of New York

People v. Hawkins

290 A.D.2d 320, 736 N.Y.S.2d 39, 2002 N.Y. App. Div. LEXIS 456

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

DecidedJanuary 17, 2002

StatusPublished

Cited by2 cases

This text of 290 A.D.2d 320 (People v. Hawkins) 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. Hawkins, 290 A.D.2d 320, 736 N.Y.S.2d 39, 2002 N.Y. App. Div. LEXIS 456 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered July 21, 1999, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant’s constitutional speedy trial motion was properly [321]*321denied (see, People v Taranovich, 37 NY2d 442, 445). The 41/2-year delay was caused primarily by defendant’s failure to return to court for scheduled court dates, his interstate flight, and his use of an alias in order to avoid prosecution (see, People v Wing Keung Tsang, 284 AD2d 218; People v Brown, 281 AD2d 340, lv denied 96 NY2d 899). Furthermore, the crime was serious, there was no pretrial incarceration resulting from the delay, and defendant has not established any prejudice. Concur — Williams, J.P., Tom, Rosenberger, Wallach and Mar-low, JJ.

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Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered July 21, 1999, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant’s constitutional speedy trial motion was properly [321]*321denied (see, People v Taranovich, 37 NY2d 442, 445). The 41/2-year delay was caused primarily by defendant’s failure to return to court for scheduled court dates, his interstate flight, and his use of an alias in order to avoid prosecution (see, People v Wing Keung Tsang, 284 AD2d 218; People v Brown, 281 AD2d 340, lv denied 96 NY2d 899). Furthermore, the crime was serious, there was no pretrial incarceration resulting from the delay, and defendant has not established any prejudice. Concur — Williams, J.P., Tom, Rosenberger, Wallach and Mar-low, JJ.

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Bluebook (online)

290 A.D.2d 320, 736 N.Y.S.2d 39, 2002 N.Y. App. Div. LEXIS 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hawkins-nyappdiv-2002.

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