Legal Opinion

People v. Harper

Criminal Court of the City of New York

Decided August 25, 1987PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael D. Stallman, J.

This motion to dismiss asserts that a 12-year delay in imposing sentence has deprived the court of jurisdiction. Its *358resolution rests on constitutional and jurisdictional questions of first impression.

FACTS

On April 16, 1974 defendant, then 19 years old, was sentenced to probation on his guilty plea to petit larceny. (Penal Law § 155.25.) On May 13, 1975 he pleaded guilty to a violation of probation based on his failure to report. On June 12, 1975, the tentative sentencing date, and on three subsequent occasions, the defendant appeared but his…

2Cases cited48 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  5. Solem v. HelmSupreme Court of the United States · 1983

43 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Jolly v. StateSupreme Court of Arkansas · 2004
  2. People v. BattlesAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. MascaliCriminal Court of the City of New York · 2001
  4. Jolly v. StateSupreme Court of Arkansas · 2004

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