People v. Garner — 275 A.D.2d 798

Majority

p. 798

The People of the State of New York, Respondent, v Blair Garner, Appellant.

[714 NYS2d 225]

— Appeals by the defendant from (1) a judgment of the County Court, Nassau County (Goodman, J.), rendered April 18, 1997, convicting him of criminal possession of a weapon in the third degree under Indictment No. 92816, upon a jury verdict, and imposing sentence, and (2) an amended judgment of the same court (Boklan, J.), rendered May 27, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, after a hearing, and imposing a sentence of imprisonment upon his previous conviction of criminal sale of a controlled substance in the fifth degree, under S.C.I. No. 83023.

Ordered that the judgment and the amended judgment are affirmed.

The defendant’s waiver of his right to a prompt arraignment was voluntary (see, People v Ortlieb, 84 NY2d 989 ; People v Baker, 208 AD2d 758 ). In any event, under the circumstances

p. 799

of this case, the delay in arraignment was warranted (see, People v Hopkins, 58 NY2d 1079 ; People v Faison, 265 AD2d 422 ; People v Marshall, 244 AD2d 508 ; People v Marinelli, 238 AD2d 525 ; People v Quartieri, 171 AD2d 889 ).

The defendant’s sentence is not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Thompson, Altman and Friedmann, JJ., concur.

Cases cited

People v. Ortlieb 84 NY2d 989 N.Y. 1994-12-22 p. 798
People v. Baker 208 AD2d 758 N.Y. App. Div. 1994-10-17 p. 798
People v. Hopkins 58 NY2d 1079 N.Y. 1983-03-30 p. 799
People v. Marshall 244 AD2d 508 N.Y. App. Div. 1997-11-17 p. 799
People v. Marinelli 238 AD2d 525 N.Y. App. Div. 1997-04-21 p. 799
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 799