PEOPLE v. RODRIGUEZ


261 A.D.2d 331 (1999)

690 N.Y.S.2d 426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLIE RODRIGUEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 27, 1999.


Defendant's claim that the court improperly denied his request for an adjournment of sentencing for the purpose of making a motion, pursuant to CPL 380.30 (1), challenging the delay between his plea and sentencing, has not been preserved for appellate review, because at the time of sentencing defendant did not articulate his present claim that the delay resulted from his Federal incarceration within the People's actual or constructive knowledge. Moreover, defendant made no...

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