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People v. Purtell

Appellate Division of the Supreme Court of New York, First Department
Mar 28, 1996
225 A.D.2d 496 (N.Y. App. Div. 1996)

Opinion

March 28, 1996

Appeal from the Supreme Court, New York County (Richard Carruthers, J.).


While a defendant must be sentenced "without unreasonable delay" (CPL 380.30), delay caused by a defendant's conduct is excusable ( People v. Drake, 61 N.Y.2d 359, 366). Defendant first absconded in 1989, after pleading guilty to grand larceny. Thereafter, he was arrested and convicted of various crimes in several different States, and he repeatedly jumped bail that was set on New York fugitive warrants, after using aliases and false pedigrees. Although the 4 1/2 year period of delay in imposing sentence is considerable, it was entirely attributable to defendant's conduct, and accordingly, the delay was not unreasonable. Defendant's sentence was not excessive in light of his extensive criminal record.

Concur — Sullivan, J.P., Rosenberger, Ross, Williams and Tom, JJ.


Summaries of

People v. Purtell

Appellate Division of the Supreme Court of New York, First Department
Mar 28, 1996
225 A.D.2d 496 (N.Y. App. Div. 1996)
Case details for

People v. Purtell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL PURTELL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 28, 1996

Citations

225 A.D.2d 496 (N.Y. App. Div. 1996)
639 N.Y.S.2d 814

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