Legal Opinion

People v. Summers

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

Decided January 20, 2011PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Brenda S. Soloff, J, at plea; Michael R. Ambrecht, J, at dismissal motion and sentence), rendered August 5, 2008, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of one year, unanimously affirmed.

The court properly denied defendant’s motion to dismiss the indictment, made on the ground of delay in sentencing (see CPL 380.30 [1]), since the delay was not excessive and was occasioned by “plausible reasons” that should not trigger a loss of jurisdiction (see People v Drake, 61 NY2d…

2Cases cited2 opinions

  1. People v. DrakeNew York Court of Appeals · 1984
  2. People v. BarnesAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by2 opinions

  1. People v. CarterAppellate Division of the Supreme Court of the State of New York · 2026
  2. People v. Constantino (Robert)Appellate Terms of the Supreme Court of New York · 2016

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