Legal Opinion
People v. Carter
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2012PublishedCited by 4 opinions
1Opinion of the Court
CPL 380.30 (1) mandates that the sentence of a criminal defendant “must be pronounced without unreasonable delay.” However, “[i]f the delay is caused by legal proceedings or other conduct of the defendant which frustrates the entry of judgment, it is excusable” (People v Drake, 61 NY2d 359, 366 [1984]). This is true even where the delay is lengthy (see People v Davis, 29 AD3d 814, 816 [2006]; People v Battles, 150 AD2d 785, 786 [1989]; People v Headley, 134 AD2d 519, 519 [1987]).
In this case, the lengthy delay in sentencing was due solely to the fact that the defendant absconded in the middle…
2Cases cited12 opinions
- People v. DrakeNew York Court of Appeals · 1984
- People v. ParrisNew York Court of Appeals · 2004
- People v. HeadleyAppellate Division of the Supreme Court of the State of New York · 1987
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 1995
- People v. JenkinsAppellate Division of the Supreme Court of the State of New York · 2007
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. GilbertAppellate Division of the Supreme Court of the State of New York · 2015
- People v. CookAppellate Division of the Supreme Court of the State of New York · 2015
- People v. ColonAppellate Division of the Supreme Court of the State of New York · 2019
- People v. OsmanAppellate Division of the Supreme Court of the State of New York · 2019