PEOPLE v. FORD

Reset A A Font size: Print

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

The PEOPLE of the State of New York, Respondent, v. William FORD, Defendant-Appellant.

Decided: June 24, 2008

LIPPMAN, P.J., TOM, GONZALEZ, BUCKLEY, CATTERSON, JJ. Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Jean Soo Park of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Michael R. Sonberg, J. at plea;  Denis J. Boyle, J. at sentence), rendered October 20, 2006, convicting defendant of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/212 to 7 years, unanimously affirmed.

 The court properly exercised its discretion in declining to run defendant's sentence nunc pro tunc to the date of his arrest in another county.   Defendant did not preserve his claim that he was entitled to that remedy as a matter of law on the ground that, by failing to have him produced in a timely fashion, the People violated his right under CPL 380.30(1) to be sentenced without unreasonable delay (see People v. Marshall, 228 A.D.2d 15, 653 N.Y.S.2d 604 [1997], lv. denied 89 N.Y.2d 1013, 658 N.Y.S.2d 251, 680 N.E.2d 625 [1997] ), and we decline to review it in the interest of justice.   As an alternative holding, we conclude that the eight-month delay in sentencing due to defendant's incarceration on another case was not unreasonable (see People v. Turner, 222 A.D.2d 206, 207, 634 N.Y.S.2d 685 [1995], lv. denied 88 N.Y.2d 855, 644 N.Y.S.2d 701, 667 N.E.2d 351 [1996] ).

 Defendant's valid waiver of his right to appeal precludes review of his excessive sentence claim.   In any event, we perceive no basis for reducing the sentence.