PEOPLE v. RUIZ (2007)

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

The PEOPLE of the State of New York, Respondent, v. Kenny RUIZ, Defendant-Appellant.

Decided: October 11, 2007

TOM, J.P., FRIEDMAN, SULLIVAN, NARDELLI, JJ.

Steven Banks, The Legal Aid Society, New York (Robert Budner of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Lawrence H. Cunningham of counsel), for respondent.

Judgment, Supreme Court, Bronx County (John N. Byrne, J. at plea; John P. Collins, J. at sentence), rendered October 27, 2005, convicting defendant of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

The court properly denied defendant's motion to dismiss the indictment on the ground of unreasonable delay in sentencing. Under the circumstances, the People made reasonable efforts to bring defendant to court for sentencing (see generally People v. Drake, 61 N.Y.2d 359, 363-367, 474 N.Y.S.2d 276, 462 N.E.2d 376 [1984] ). The record establishes that it would have been futile for the People to make an extradition request prior to the expiration of defendant's Connecticut sentence (cf. People v. Gonzalez, 235 A.D.2d 366, 653 N.Y.S.2d 321 [1997], lv. denied 89 N.Y.2d 1093, 660 N.Y.S.2d 387, 682 N.E.2d 988 [1997] ).

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