People v. Barba
| Decision Date | 27 January 2016 |
| Citation | 23 N.Y.S.3d 381,135 A.D.3d 950 |
| Parties | The PEOPLE, etc., respondent, v. Sebastian BARBA, appellant. |
| Court | New York Supreme Court — Appellate Division |
135 A.D.3d 950
23 N.Y.S.3d 381
The PEOPLE, etc., respondent,
v.
Sebastian BARBA, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Jan. 27, 2016.
Paula Schwartz Frome, Garden City, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Sarah S. Rabinowitz and Jacqueline Rosenblum of counsel), for respondent.
RUTH C. BALKIN, J.P., THOMAS A. DICKERSON, ROBERT J. MILLER, and SYLVIA O. HINDS–RADIX, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Delligatti, J.), rendered March 18, 2014, convicting him of assault in the first degree and leaving scene of an incident without reporting, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant struck a pedestrian with his vehicle in February 2001. Rather than stopping to assist her, he drove his car over her, causing her death. The defendant then left the scene. Later that day, when he spoke with the police by telephone, he was told to turn himself in. Instead, he fled to Ecuador, his native country. In December 2001, the People obtained an indictment charging the defendant with murder in the second degree (Penal Law § 125.25[2] ) and other crimes. Over the next 11 years, the defendant did not return to the United States. For
4 years, the People attempted to locate the defendant in this country, but were unsuccessful. When they discovered, in 2005, that he was in Ecuador, they inquired as to the availability of extradition, but learned that, despite the presence of a treaty between the United States and Ecuador, a request for extradition would be futile. An Interpol "red notice" was obtained in 2006, and the defendant was arrested in Panama in November 2012, as he prepared to return to Ecuador from the Dominican Republic. Upon being returned to Nassau County, he was...
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