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PEOPLE v. HARPER

137 Misc.2d 357 (1987)

The People of the State of New York, Plaintiff, v. Linwood Harper, Defendant.

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

August 25, 1987

Attorney(s) appearing for the Case

Caesar Cirigliano and William Perniciaro for defendant. Robert M. Morgenthau, District Attorney (Lewis Chimes of counsel), for plaintiff.

MICHAEL D. STALLMAN, J.

This motion to dismiss asserts that a 12-year delay in imposing sentence has deprived the court of jurisdiction. Its resolution rests on constitutional and jurisdictional questions of first impression.

FACTS

On April 16, 1974 defendant, then 19 years old, was sentenced to probation on his guilty plea to petit larceny. (Penal Law § 155.25.) On May 13, 1975 he pleaded...

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