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1
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OPINION
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EXTRACTED KEY WORDS
APPELLATE DIVISION DEFENDANT COUNTY MEMORANDUM SUPREME COURT VIOLATION PROBATION HEARING KINGS COUNTY CHARGE NASSAU COUNTY DECLARATION DELINQUENCY JUDGE DEFENDANT PLEADED GUILTY ROBBERY SECOND FELONY OFFENDER PRISON WARRANT FILING EXPIRATION PENAL LAW RAISE CPL APPELLATE REVIEW CHIEF JUDGE KAYE LEVINE CIPARICK WESLEY ROSENBLATT CONCUR |
94 N.Y.2d 807 (1999).
November 18, 1999
(99 NY Int. 0150)
Decided November 18, 1999
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
_________________________________________________________________
MEMORANDUM:
MEMORANDUM:
The order of the Appellate Division should be affirmed.
In September 1987, defendant was convicted in Kings County on a charge
of criminal possession of a weapon in the third degree. Supreme Court
sentenced him to five years probation and community service. Three and
a half years into his probationary term, defendant violated his
probation, absconded to Nassau County and was arrested and charged
with two separate crimes. Defendant pleaded guilty to robbery in the
first degree and in 1992 was sentenced as a second felony offender to
nine to 18 years in prison. In November 1991, Supreme Court, Kings
County issued a declaration of delinquency, and subsequently issued a
warrant. After a violation of probation hearing in 1996, the court
revoked the 1987 sentence of probation and imposed a sentence of 2 1/3
to seven years to run consecutively to the nine to 18 year Nassau
County sentence. The Appellate Division affirmed.
We agree with the Appellate Division that the filing of a declaration
of delinquency in 1991 tolled the expiration of the probationary
sentence (Penal Law § 65.15(2)). At the violation of probation
hearing, defendant did not raise his current claim that the hearing
was untimely under CPL 410.30. Thus, defendant's argument is
unpreserved for appellate review.
Order affirmed, in a memorandum. Chief Judge Kaye and Judges
Bellacosa,Smith, Levine, Ciparick, Wesley and Rosenblatt concur.
Decided November 18, 1999
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