People v. Summers
Appellate Division of the Supreme Court of the State of New York
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
- People v. DrakeNew York Court of Appeals · 1984
- People v. BarnesAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by2 opinions
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- People v. Constantino (Robert)Appellate Terms of the Supreme Court of New York · 2016