Opinion
Argued June 12, 2000
September 25, 2000.
Appeals by the defendant from (1) a judgment of the County Court, Nassau County (Goodman, J.), rendered April 18, 1997, convicting him of criminal possession of a weapon in the third degree under Indictment No. 92816, upon a jury verdict, and imposing sentence, and (2) an amended judgment of the same court (Boklan, J.), rendered May 27, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of criminal sale of a controlled substance in the fifth degree, under S.C.I. No. 83023.
Andrew E. MacAskill, Farmingdale, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Denise Pavlides of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the judgment and the amended judgment are affirmed.
The defendant's waiver of his right to a prompt arraignment was voluntary (see, People v. Ortlieb, 84 N.Y.2d 989; People v. Baker, 208 A.D.2d 758). In any event, under the circumstances of this case, the delay in arraignment was warranted (see, People v. Hopkins, 58 N.Y.2d 1079; People v. Faison, 265 A.D.2d 422; People v. Marshall, 244 A.D.2d 508; People v. Marinelli, 238 A.D.2d 52 5; People v. Quartieri, 171 A.D.2d 889).
The defendant's sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.