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PEOPLE v. ORTIZ

60 A.D.3d 563 (2009)

___ N.Y.S.2d ___

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ORTIZ, Appellant.

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

Decided March 26, 2009.

The court properly denied defendant's motion to dismiss the indictment, made on the ground of delay in sentencing (see CPL 380.30 [1]; People v Drake, 61 N.Y.2d 359, 366 [1984]). Defendant failed to appear for sentencing as the result of being arrested on another charge, at which time he gave false pedigree information. After he was released from custody on the new charge, he failed to return to court for sentencing on this...

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