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PEOPLE v. JOHNSON

Ind. No. 2641/16. Appeal No. 15365. Case No. 2018-5646.

202 A.D.3d 637 (2022)

159 N.Y.S.3d 856

2022 NY Slip Op 01256

The People of the State of New York, Respondent, v. Michael Johnson, Appellant.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Lorca Morello of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Dana Poole of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.

The court correctly denied defendant's motion to dismiss the indictment on the ground of unreasonable delay in sentencing. The six-month delay due to defendant's incarceration in another state was not unreasonable (see People v Drake, 61 N.Y.2d 359, 366 [1984]; People v Ford, 52 A.D.3d 391, 392 [1st Dept 2008], lv denied 11 N.Y.3d 832 [2008];

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