Opinion
3899.
Decided June 15, 2004.
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered October 24, 2001, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of 1 to 4 years, unanimously affirmed.
Laura R. Johnson, The Legal Aid Society, New York (Lawrence T. Hausman of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Gina Mignola of counsel), for respondent.
Before: Tom, J.P., Saxe, Ellerin, Marlow, Catterson, JJ.
The sentencing court properly denied defendant's motion to dismiss the indictment on the ground of unlawful delay in sentencing ( see People v. Drake, 61 N.Y.2d 359). The delay between defendant's guilty plea in May 1986 and his sentencing in October 2001 resulted from defendant's actions in absconding from New York prior to his scheduled sentencing, and defendant failed to substantiate his claim that New York authorities were aware of one or more of defendant's intervening Florida arrests but failed to make any efforts to return him to New York. Furthermore, the court properly exercised its discretion in refusing to adjourn the sentence, which had already been adjourned several times after defendant's return on a warrant, for further investigation of this matter by defense counsel. We have considered and rejected defendant's remaining arguments on this issue.
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.