PEOPLE, res, v. CARLOS DIAZ a/k/a CARLOS VICTOR-SANCHEZ, def-ap

3495. PEOPLE, res, v. CARLOS DIAZ a/k/a CARLOS VICTOR-SANCHEZ, def-ap — __ Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for res — Appeal from judgment, Supreme Court, New York County (Lewis Bart Stone, J. at plea; Larry R.C. Stephen, J. at sentencing), rendered October 23, 2013, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of two to four years, held in abeyance pending the trial court's hearing and decision on defendant's pro se motion to dismiss the indictment on the ground of unreasonable delay in sentencing.

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3495. PEOPLE, res, v. CARLOS DIAZ a/k/a CARLOS VICTOR-SANCHEZ, def-ap — __ Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for res — Appeal from judgment, Supreme Court, New York County (Lewis Bart Stone, J. at plea; Larry R.C. Stephen, J. at sentencing), rendered October 23, 2013, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of two to four years, held in abeyance pending the trial court’s hearing and decision on defendant’s pro se motion to dismiss the indictment on the ground of unreasonable delay in sentencing.

Defendant was arrested in 2004 and pleaded guilty in 2005, but was not sentenced until 2013. In 2013, defendant moved pro se to dismiss the indictment, citing the nearly nineyear delay between his plea and his sentencing. This delay was originally the result of defendant’s failure to appear for sentencing, followed by his Westchester County robbery arrest and conviction under a different name and date of birth. In opposing defendant’s motion, however, the People conceded that by 2009 they had learned that defendant was in state custody.

PEOPLE, res, v. CARLOS DIAZ a/k/a CARLOS VICTOR-SANCHEZ, def-ap

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