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PEOPLE v. HENDRICKS

13 A.D.3d 61 (2004)

786 N.Y.S.2d 436

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HENDRICKS, Appellant.

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

December 2, 2004.

The court properly denied defendant's motion to dismiss the indictment, made on the ground of delay in sentencing (see CPL 380.30 [1]), since the delay was not excessive and was occasioned by "plausible reasons" that should not trigger a loss of jurisdiction (see People v Drake, 61 N.Y.2d 359, 366 [1984]). After defendant absconded while awaiting sentencing, and the People learned that he was serving a sentence in New Jersey...

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