Opinion
1483
June 19, 2003.
Judgment, Supreme Court, New York County (Laura Ward, J.), rendered February 28, 2002, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Walter J. Storey, for respondent.
Jonathan M. Kirshbaum, for defendant-appellant.
Before: Nardelli, J.P., Tom, Rosenberger, Gonzalez, JJ.
Defendant's sentencing was not unreasonably delayed (see People v. Drake, 61 N.Y.2d 359). Since defendant absconded, his argument that the People exercised inadequate diligence is unavailing (see People v. Reyes, 214 A.D.2d 233, lv denied, 87 N.Y.2d 850), especially since the delay was exacerbated by defendant's use of assumed names (see e.g. People v. McQuilken, 249 A.D.2d 35, lv denied, 92 N.Y.2d 901).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.