People v James

2010 NY Slip Op 08135 [78 AD3d 862]

November 9, 2010

Appellate Division, Second Department

As corrected through Wednesday, January 19, 2011

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

—[*1]Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, andAdam M. Koelsch of counsel), for respondent.

Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Jones, Jr.,J.), rendered September 7, 2006, convicting her of criminal sale of a controlled substance in the firstdegree (three counts), upon a jury verdict, and imposing sentence, and (2) a resentence of the samecourt imposed November 29, 2006.

Ordered that the judgment and the resentence are affirmed.

The Supreme Court properly denied that branch of the defendant's motion which was pursuant toCPL 380.30 (1) to dismiss the indictment against her due to a lengthy delay in imposing sentence. Thedefendant absconded prior to sentencing. Although the defendant was subsequently incarcerated inConnecticut on a conviction rendered in that state, contrary to the defendant's contention, there isnothing in the record to suggest that the New York authorities were "actually aware" of the defendant'sincarceration in Connecticut (cf. People v McNeil, 237 AD2d 622, 623 [1997]). Accordingly,because the delay in sentencing was solely attributable to the defendant's conduct, and was, therefore,excusable, the Supreme Court properly denied that branch of the defendant's motion which was todismiss the indictment pursuant to CPL 380.30 (1) (see People v Campbell, 306 AD2d 495[2003]; People v Battles, 150 AD2d 785, 786 [1989]; People v Headley, 134 AD2d519 [1987]). Skelos, J.P., Balkin, Chambers and Austin, JJ., concur.