People v. Chase, 306 A.D.2d 167

—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.

Case Details

Case Name: People v. Chase

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jun 19, 2003

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

Court Abbreviation: N.Y. App. Div.