People v. Brazeau

Judgment unanimously affirmed. Memorandum: In 1978 a jury convicted defendant of burglary in the second degree (Penal Law § 140.25 [2]) and *978petit larceny (Penal Law § 155.25). Prior to sentencing, however, defendant absconded. Upon his return to New York in August 1987 he was sentenced on this conviction. Defendant’s claim that the court lost jurisdiction to sentence him because the sentencing was unreasonably delayed (see, CPL 380.30 [1]) is without merit. When delay is caused by the conduct of the defendant which frustrates the entry of judgment, it is excusable (People v Drake, 61 NY2d…