PEOPLE v. DIAZ

3495, 5096N/04.

149 A.D.3d 627 (2017)

2017 NY Slip Op 03112

50 N.Y.S.3d 865

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS DIAZ, Also Known as CARLOS VICTOR-SANCHEZ, Appellant.

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

Decided April 25, 2017.


Defendant was arrested in 2004 and pleaded guilty in 2005, but was not sentenced until 2013. In 2013, defendant moved pro se to dismiss the indictment, citing the nearly nine-year delay between his plea and his sentencing. This delay was originally the result of defendant's failure to appear for sentencing, followed by his Westchester County robbery arrest and conviction under a different name and date of birth. In opposing defendant's motion, however, the People conceded...

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