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People v. Rasheen

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 2008
49 A.D.3d 1269 (N.Y. App. Div. 2008)

Opinion

No. KA 06-00532.

March 14, 2008.

Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, J.), rendered October 25, 2005. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

MICHAEL G. CONROY, WATERLOO, FOR DEFENDANT-APPELLANT.

RASHEEN D. ROBINSON, DEFENDANT-APPELLANT PRO SE.

JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

Present: Scudder, P.J., Martoche, Smith, Green and Gorski, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39). Contrary to the contention of defendant, his constitutional right to a speedy trial was not violated by the 16-month period between the date of his arrest and the entry of his plea ( see generally People v Taranovich, 37 NY2d 442, 444-445; People v Manuel, 39 AD3d 1185, 1186, lv denied 9 NY3d 878). The 16-month period primarily was caused by County Court's delay in issuing an order determining defendant's omnibus motion and by court congestion ( see People v Cartledge, 147 AD2d 917, lv denied 74 NY2d 662), and we note in addition that defendant's incarceration during that period of time was attributable in part to unrelated charges ( see People v Jenkins, 2 AD3d 1390).

Contrary to the further contention of defendant, he was not eligible to be sentenced pursuant to the 2004 Drug Law Reform Act ([DLRA] L 2004, ch 738) because he committed the instant offense on May 6, 2004, prior to the date on which the DLRA became effective ( see People v Utsey 7 NY3d 398, 403; see also People v Moore, 38 AD3d 1313, lv denied 9 NY3d 848). Defendant failed to preserve for our review his contention concerning his appearance in shackles before the grand jury ( see People v Abron, 37 AD3d 1163, lv denied 8 NY3d 980; see also People v Winfield, 267 AD2d 486, lv denied 94 NY2d 927, 95 NY2d 806 [2000]), as well as his contention concerning his alleged inability to confer with defense counsel during the grand jury proceeding ( see People v Baker, 294 AD2d 888, 889, lv denied 98 NY2d 708), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see CPL 470.15 [a]).


Summaries of

People v. Rasheen

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 14, 2008
49 A.D.3d 1269 (N.Y. App. Div. 2008)
Case details for

People v. Rasheen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHEEN D. ROBINSON…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 14, 2008

Citations

49 A.D.3d 1269 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2352
852 N.Y.S.2d 893