Opinion
8991 Ind. 5491/11
04-16-2019
The PEOPLE of the State of New York, Respondent, v. Nathaniel TAYLOR, Defendant–Appellant.
Christina A. Swarns, Office of the Appellate Defender, New York (Emma L. Shreefter of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.
Christina A. Swarns, Office of the Appellate Defender, New York (Emma L. Shreefter of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.
Renwick, J.P., Gische, Kapnick, Kern, Moulton, JJ.
Judgment, Supreme Court, New York County (Eduardo Padro´, J. at plea; Edwina G. Mendelson, J. at sentencing), rendered November 4, 2016, convicting defendant of gang assault in the second degree, and sentencing him to a term of four years, unanimously reversed, on the law, and the indictment dismissed.
The People offer no excuse for more than one year of the delay in defendant's sentencing, a period that began when the prosecution received actual notice, provided by defense counsel, that defendant was in custody in another state and wished to be produced for sentencing on this case. Therefore, notwithstanding prior delays caused by defendant, we find that the delay attributable to the People was unreasonably long. Thus, the sentencing court should have granted defendant's motion to dismiss the indictment pursuant to CPL 380.30(1) on the ground of delay in sentencing (see People v. Drake , 61 N.Y.2d 359, 474 N.Y.S.2d 276, 462 N.E.2d 376 [1984] ).
We find it unnecessary to reach any other issues.