People v. James — 187 A.D.2d 672

Majority

p. 672

The People of the State of New York, Respondent, v Carl Wayne James, Also Known as Wayne James, Appellant.

Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered November 8, 1989, convicting him of sexual abuse in the first degree and sodomy in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The hearing court properly ruled that the defendant was not deprived of his statutory right to a speedy trial in violation of CPL 30.30. Contrary to the defendant’s contention, the evidence established that the police exercised due diligence in attempting to locate him (see, People v Jackson, 150 AD2d 609 ; People v Lugo, 140 AD2d 715 ; People v Hutchenson, 136 AD2d 737 ; People v Macklowe, 131 AD2d 785 ; People v Taylor, 127 AD2d 714 ). Further, the defendant’s actions strongly suggested that he fled the jurisdiction to avoid prosecution (see, People v Jackson, supra; People v Mitchell, 106 AD2d 478 ). Lastly, the evidence established that out-of-State law enforcement authorities thwarted the People’s repeated efforts to

p. 673

return the defendant to New York once he was discovered in Maryland (see, People v Jackson, 150 AD2d 609 , supra; People v Jackson, 142 AD2d 597 ; People v Leftwich, 126 AD2d 748 ; People v Mucciolo, 104 AD2d 905 ).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Lawrence, J. P., Copertino, Pizzuto and Santucci, JJ., concur.

Cases cited

People v. Jackson 150 AD2d 609 N.Y. App. Div. 1989-05-15 p. 672, p. 673
People v. Hutchenson 136 AD2d 737 N.Y. App. Div. 1988-01-25 p. 672
People v. Macklowe 131 AD2d 785 N.Y. App. Div. 1987-06-22 p. 672
People v. Mitchell 106 AD2d 478 N.Y. App. Div. 1984-12-10 p. 672
People v. Jackson 142 AD2d 597 N.Y. App. Div. 1988-07-05 p. 673