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People v. James

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1992
187 A.D.2d 672 (N.Y. App. Div. 1992)

Opinion

November 23, 1992

Appeal from the County Court, Westchester County (Lange, J.).


Ordered that the judgment is affirmed.

The hearing court properly ruled that the defendant was not deprived of his statutory right to a speedy trial in violation of CPL 30.30. Contrary to the defendant's contention, the evidence established that the police exercised due diligence in attempting to locate him (see, People v Jackson, 150 A.D.2d 609; People v Lugo, 140 A.D.2d 715; People v Hutchenson, 136 A.D.2d 737; People v Macklowe, 131 A.D.2d 785; People v Taylor, 127 A.D.2d 714). Further, the defendant's actions strongly suggested that he fled the jurisdiction to avoid prosecution (see, People v Jackson, supra; People v Mitchell, 106 A.D.2d 478). Lastly, the evidence established that out-of-State law enforcement authorities thwarted the People's repeated efforts to return the defendant to New York once he was discovered in Maryland (see, People v Jackson, 150 A.D.2d 609, supra; People v Jackson, 142 A.D.2d 597; People v Leftwich, 126 A.D.2d 748; People v Mucciolo, 104 A.D.2d 905).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Lawrence, J.P., Copertino, Pizzuto and Santucci, JJ., concur.


Summaries of

People v. James

Appellate Division of the Supreme Court of New York, Second Department
Nov 23, 1992
187 A.D.2d 672 (N.Y. App. Div. 1992)
Case details for

People v. James

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL WAYNE JAMES, Also…

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

Date published: Nov 23, 1992

Citations

187 A.D.2d 672 (N.Y. App. Div. 1992)

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