PEOPLE v. HAWKINS (2002)

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

The PEOPLE of the State of New York, Respondent, v. Nathan Lee HAWKINS, a/k/a William Hawkins, a/k/a Terrence Howard, Defendant-Appellant.

Decided: January 17, 2002

WILLIAMS, J.P., TOM, ROSENBERGER, WALLACH, and MARLOW, JJ.

Eleanor J. Ostrow, for Respondent. Michele Hauser, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered July 21, 1999, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of 1 year, unanimously affirmed.

Defendant's constitutional speedy trial motion was properly denied (see, People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303). The four-and-a-half-year delay was caused primarily by defendant's failure to return to court for scheduled court dates, his interstate flight, and his use of an alias in order to avoid prosecution (see, People v. Tsang, 284 A.D.2d 218, 728 N.Y.S.2d 436; People v. Brown, 281 A.D.2d 340, 722 N.Y.S.2d 517, lv. denied 96 N.Y.2d 899, 730 N.Y.S.2d 796, 756 N.E.2d 84). Furthermore, the crime was serious, there was no pretrial incarceration resulting from the delay, and defendant has not established any prejudice.

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