People v. Ragin

Appellate Division of the Supreme Court of New York

People v. Ragin

302 A.D.2d 219, 753 N.Y.S.2d 717, 2003 N.Y. App. Div. LEXIS 887

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

DecidedFebruary 6, 2003

StatusPublished

Cited by1 cases

This text of 302 A.D.2d 219 (People v. Ragin) 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. Ragin, 302 A.D.2d 219, 753 N.Y.S.2d 717, 2003 N.Y. App. Div. LEXIS 887 (N.Y. Ct. App. 2003).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Vincent Quattrochi, J.), rendered May 22, 2000, 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 2 to 6 years, and order, same court and Justice, entered on or about July 5, 2000, which denied defendant’s motion to vacate the judgment, unanimously affirmed.

Defendant absconded in 1994 following his plea, which was predicated upon his promise to enter and successfully complete a drug program without any further arrests. Over the next six years, he was arrested and convicted of various crimes, frequently using aliases and providing false pedigree information, and repeatedly jumped bail until he was involuntarily returned on a warrant in 2000, following his final arrest in which he used yet another alias. As the direct result of his own misconduct, defendant also acquired multiple NYSID numbers.

Because of defendant’s successful concealment of his true identity, none of his arrests provided the People with notice of his whereabouts. Since the delay in sentencing was almost entirely due to defendant’s conduct, the court did not lose jurisdiction over him (People v McQuilken, 249 AD2d 35, lv denied 92 NY2d 901; People v Soto, 233 AD2d 243, lv denied 89 NY2d 946; compare People v Drake, 61 NY2d 359, 366). Concur— Tom, J.P., Saxe, Ellerin, Lerner and Marlow, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, Bronx County (Vincent Quattrochi, J.), rendered May 22, 2000, 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 2 to 6 years, and order, same court and Justice, entered on or about July 5, 2000, which denied defendant’s motion to vacate the judgment, unanimously affirmed.

Defendant absconded in 1994 following his plea, which was predicated upon his promise to enter and successfully complete a drug program without any further arrests. Over the next six years, he was arrested and convicted of various crimes, frequently using aliases and providing false pedigree information, and repeatedly jumped bail until he was involuntarily returned on a warrant in 2000, following his final arrest in which he used yet another alias. As the direct result of his own misconduct, defendant also acquired multiple NYSID numbers.

Because of defendant’s successful concealment of his true identity, none of his arrests provided the People with notice of his whereabouts. Since the delay in sentencing was almost entirely due to defendant’s conduct, the court did not lose jurisdiction over him (People v McQuilken, 249 AD2d 35, lv denied 92 NY2d 901; People v Soto, 233 AD2d 243, lv denied 89 NY2d 946; compare People v Drake, 61 NY2d 359, 366). Concur— Tom, J.P., Saxe, Ellerin, Lerner and Marlow, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

302 A.D.2d 219, 753 N.Y.S.2d 717, 2003 N.Y. App. Div. LEXIS 887, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ragin-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack