Opinion
2012-03-13
The PEOPLE of the State of New York, Respondent, v. Keisha SAUNDERS, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Jane Levitt of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Jane Levitt of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Caleb Kruckenberg of counsel), for respondent.
TOM, J.P., SAXE, ACOSTA, DeGRASSE, ROMÁN, JJ.
Judgment, Supreme Court, New York County (Peter J. Benitez, J. at plea; Patricia M. Nunez, J. at sentencing), rendered October, 21, 2008, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing her to a term of one year, unanimously affirmed.
The court was not deprived of jurisdiction by the 13–year delay between defendant's plea and her sentencing ( see CPL 380.30[1]; People v. Drake, 61 N.Y.2d 359, 366, 474 N.Y.S.2d 276, 462 N.E.2d 376 [1984] ). The delay was almost entirely caused by defendant's continuing unlawful failure to appear for sentencing, as well as her use of multiple aliases and false pedigree information at the time of her numerous arrests and incarcerations during the period of delay ( see People v. Ortiz, 60 A.D.3d 563, 877 N.Y.S.2d 240 [2009], lv. denied 12 N.Y.3d 919, 884 N.Y.S.2d 700, 912 N.E.2d 1081 [2009] ). Furthermore, defendant had many opportunities to end the delay by surrendering herself while at large, or by correctly identifying herself when arrested; instead, she “continued to disregard [her] legal duty to present [her]self for sentencing.” ( People v. Robinson, 69 A.D.3d 498, 499, 893 N.Y.S.2d 50 [2010], lv. denied 15 N.Y.3d 955, 917 N.Y.S.2d 115, 942 N.E.2d 326 [2010] ).
In 2006, the Department of Correctional Services and the Department of Criminal Justice Services discovered that defendant, then incarcerated under the name Rashonda Kareem, was also known under other names, including a name similar to the name she is using in this case. Although defendant's NYSID sheets were consolidated, there is no evidence that these State agencies, or anyone else, ever informed the District Attorney's Office that defendant was incarcerated, and such knowledge will not be imputed to the People absent some evidence that they knew or should have known of such incarceration ( see People v. Reyes, 214 A.D.2d 233, 236, 632 N.Y.S.2d 123 [1995], lv. denied 87 N.Y.2d 850, 638 N.Y.S.2d 609, 661 N.E.2d 1391 [1995]; see also People v. Williams, 78 A.D.3d 160, 167, 908 N.Y.S.2d 194 [2010], lv. denied 16 N.Y.3d 838, 921 N.Y.S.2d 202, 203, 946 N.E.2d 190, 191 [2011] ).