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PEOPLE v. SMITH

277 A.D.2d 178 (2000)

717 N.Y.S.2d 66

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEREMIAH SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 30, 2000.

Defendant's right to be sentenced without unreasonable delay (CPL 380.30 [1]) was not violated by the elapse of three years between the original sentencing and resentencing. The procedural error during the prompt initial sentencing did not render that sentence a nullity for purposes of speedy sentencing analysis (see, People v Peterson, 264 A.D.2d 574, 576, lv denied 94 N.Y.2d 865, cert denied ___ US ___, 121 S.Ct....

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