Opinion
2022-01256 Ind. 2641/16 2641/16
02-24-2022
The People of the State of New York, Respondent, v. Michael Johnson, Defendant-Appellant. Appeal No. 15365 No. 2018-5646
Janet E. Sabel, The Legal Aid Society, New York (Lorca Morello of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Dana Poole of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Lorca Morello of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Dana Poole of counsel), for respondent.
Before: Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.
Judgment, Supreme Court, New York County (Mark Dwyer, J.), rendered November 21, 2017, convicting defendant, upon his plea of guilty, of criminal possession of a forged instrument in the second degree and identity theft in the first degree, and sentencing him to concurrent terms of one to three years, unanimously affirmed.
The court correctly denied defendant's motion to dismiss the indictment on the ground of unreasonable delay in sentencing. The six-month delay due to defendant's incarceration in another state was not unreasonable (see People v Drake, 61 N.Y.2d 359, 366 [1984]; People v Ford, 52 A.D.3d 391, 392 [1st Dept 2008], lv denied 11 N.Y.3d 832 [2008]; People v Turner, 222 A.D.2d 206, 207 [1995], lv denied 88 N.Y.2d 855 [1996]).
The record, viewed as a whole, fails to support defendant's assertions that the court found the delay to be "only one day," or that it misapprehended the law in any respect.