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People v. Garner

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 2000
275 A.D.2d 798 (N.Y. App. Div. 2000)

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.


Summaries of

People v. Garner

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 2000
275 A.D.2d 798 (N.Y. App. Div. 2000)
Case details for

People v. Garner

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. BLAIR GARNER, APPELLANT. (IND. NO. 92816…

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

Date published: Sep 25, 2000

Citations

275 A.D.2d 798 (N.Y. App. Div. 2000)
714 N.Y.S.2d 225