People v. Torres

Appellate Division of the Supreme Court of New York

People v. Torres

179 A.D.2d 358, 578 N.Y.S.2d 834, 1992 N.Y. App. Div. LEXIS 44

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

DecidedJanuary 7, 1992

StatusPublished

Cited by2 cases

This text of 179 A.D.2d 358 (People v. Torres) 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. Torres, 179 A.D.2d 358, 578 N.Y.S.2d 834, 1992 N.Y. App. Div. LEXIS 44 (N.Y. Ct. App. 1992).

Pincite

Opinion

Defendant, who absconded, was sentenced, in absentia, to an enhanced promised sentence of 5 to 15 years. Sentence was executed on May 3, 1989, the defendant having been returned on a bench warrant.

Defendant sought to file a late notice of appeal May 19, 1989 from the December 13, 1985 judgment. Pursuant to CPL 460.30, the time within which to move for the filing of such a notice of appeal expired. The statutory time for taking an appeal expires 30 days from the date the sentence is imposed, not upon execution thereof. (People v Stevenson, 176 AD2d 516.) Accordingly the time period to file a late notice of appeal expired in January of 1987. Therefore, we find this court does not have jurisdiction to hear the appeal and accordingly the appeal is dismissed. Concur — Ellerin, J. P., Kupferman, Ross and Smith, JJ.

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

Defendant, who absconded, was sentenced, in absentia, to an enhanced promised sentence of 5 to 15 years. Sentence was executed on May 3, 1989, the defendant having been returned on a bench warrant.

Defendant sought to file a late notice of appeal May 19, 1989 from the December 13, 1985 judgment. Pursuant to CPL 460.30, the time within which to move for the filing of such a notice of appeal expired. The statutory time for taking an appeal expires 30 days from the date the sentence is imposed, not upon execution thereof. (People v Stevenson, 176 AD2d 516.) Accordingly the time period to file a late notice of appeal expired in January of 1987. Therefore, we find this court does not have jurisdiction to hear the appeal and accordingly the appeal is dismissed. Concur — Ellerin, J. P., Kupferman, Ross and Smith, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

179 A.D.2d 358, 578 N.Y.S.2d 834, 1992 N.Y. App. Div. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-torres-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack