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People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 462 (N.Y. App. Div. 2000)

Opinion

Submitted February 16, 2000.

April 3, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered September 30, 1997, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Gerald J. Di Chiara, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

We reject the defendant's contention that there was an unreasonable delay in sentencing which deprived the Supreme Court of jurisdiction (see, People v. Brown, 252 A.D.2d 592 ; see generally, CPL 380.30[1]; People v. Drake, 61 N.Y.2d 359 ).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 2000
271 A.D.2d 462 (N.Y. App. Div. 2000)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE, ETC., respondent, v. RAPHAEL RODRIGUEZ, appellant. (Ind. No…

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

Date published: Apr 3, 2000

Citations

271 A.D.2d 462 (N.Y. App. Div. 2000)
706 N.Y.S.2d 897