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PEOPLE v. GREEN

8 A.D.3d 115 (2004)

778 N.Y.S.2d 488

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARRYL GREEN, Appellant.

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

June 15, 2004.

The sentencing court properly denied defendant's motion to dismiss the indictment on the ground of unlawful delay in sentencing (see People v Drake, 61 N.Y.2d 359 [1984]). The delay between defendant's guilty plea in May 1986 and his sentencing in October 2001 resulted from defendant's actions in absconding from New York prior to his scheduled sentencing, and defendant failed to substantiate his claim that New York authorities were...

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