People v Jackson
2014 NY Slip Op 00456 [113 AD3d 549]
January 28, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
Jermaine Jackson, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (Susan Epstein of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered August 11, 2011, convicting defendant, upon his plea of guilty, of violation of probation, revoking his sentence of probation and resentencing him to a term of 13 to 39 months, unanimously affirmed.

Defendant did not preserve the specific claim he raises on appeal regarding the delayed determination of his violation of probation proceeding (see People v Douglas, 94 NY2d 807 [1999]; People v Kyem, 272 AD2d 136 [1st Dept 2000], lv denied 95 NY2d 836 [2000]), and we decline to review it in the interest of justice. As an alternate holding, we conclude that there was no excessive delay, or loss of jurisdiction to impose an incarceratory sentence. After pleading guilty to violation of probation, defendant consented to delays that were intended to benefit him (see id.). The court gave defendant extensive opportunities for rehabilitation, which proved to be unavailing.

We perceive no basis for reducing the sentence. Concur—Acosta, J.P., Saxe, Moskowitz and Feinman, JJ.