People v. Matias

OPINION OF THE COURT

Troy K. Webber, J.

*600Defendant, Jose Matias, by notice of motion dated June 4, 1999, moved for an order dismissing this case. The defendant argues that the case should be dismissed because the delay in sentencing resulted in the court’s loss of jurisdiction.

The defendant pleaded guilty to the crime of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09) on August 29, 1991. The promised sentence was probation. The defendant failed to appear on October 17, 1991, the date set for sentencing, and a bench warrant was issued. The defendant had…