PEOPLE v. VALDES


121 Misc.2d 201 (1983)

The People of the State of New York, Plaintiff, v. Niccolas Valdes, Defendant.

Criminal Court of the City of New York, New York County.

October 7, 1983


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Richard Barrantes of counsel), for plaintiff. Mark F. DeWan for defendant.


EDWARD J. McLAUGHLIN, J.

The defendant, who pleaded guilty to possessing a controlled substance on June 30, 1976, is before the court over six years later for sentence. Defendant, however, contends that the passage of time has caused the court to lose jurisdiction, rendering it unable to impose sentence.

A synopsis of the facts is necessary to determine the applicable law. When the plea was accepted, the court promised defendant a six-month sentence...

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