PEOPLE v. COOK (2002)

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

The PEOPLE, etc., Respondent, v. Floyd W. COOK, Appellant.

Decided: June 24, 2002

SANDRA J. FEUERSTEIN, J.P., CORNELIUS J. O'BRIEN, SANDRA L. TOWNES and BARRY A. COZIER, JJ. David Goodman, Poughkeepsie, N.Y. (David Steinberg of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Jessica Z. Segal of counsel), for respondent.

Appeal by the defendant from an amended judgment of the County Court, Dutchess County (Marlow, J.), rendered March 22, 1999, revoking a sentence of probation previously imposed by the same court (Pagones, J.), upon a finding that he had violated conditions thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of operating a motor vehicle while under the influence of alcohol.

ORDERED that the amended judgment is affirmed.

 The determination that the defendant violated the conditions of his probation was supported by a preponderance of the evidence (see CPL 410.70 [3];  People v. Ramos, 232 A.D.2d 433, 648 N.Y.S.2d 449).   It was undisputed that the defendant violated the conditions of his probation by failing to report to his probation officer and by failing to keep his probation officer apprised of his whereabouts for at least three years.

 Although the court is required to promptly take reasonable and appropriate action to cause the defendant to appear before it following a declaration of delinquency (see CPL 410.30), delay in the final adjudication of the defendant's delinquency occasioned by the defendant's own conduct in abandoning his probation and departing the jurisdiction will not be attributed to the People (see People v. Diaz, 101 A.D.2d 841, 475 N.Y.S.2d 504;  cf.   People v. Jacks, 235 A.D.2d 247, 652 N.Y.S.2d 275).