People v. Gathers

• Decision Date: 11 January 2001
• Parties: (A.D. 2 Dept. 2001) The People, etc., respondent, v. Vanessa Gathers, appellant. 1998-03033 Argued -
• Court: New York Supreme Court — Appellate Division

Page 389

720 N.Y.S.2d 389 (A.D. 2 Dept. 2001)

The People, etc., respondent, v. Vanessa Gathers, appellant.

1998-03033

SUPREME COURT, APPELLATE DIVISION, SECOND JUDICIAL DEPARTMENT

Argued - January 11, 2001

February 13, 2001

M. Sue Wycoff, New York, N.Y. (Judith Stern of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jane S. Meyers of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered March 16, 1998, convicting her of robbery in the first degree, manslaughter in the second degree, and burglary in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claim of excessive preindictment delay is unpreserved for appellate review since it was not raised in a timely pretrial motion to dismiss the indictment (see, CPL 470.05[2]; CPL 210.20[1][f], [2], [3]; CPL 30.10; People v Ramirez, 243 A.D.2d 734). In any event, under the circumstances of this case, the defendant was not denied due process by the preindictment delay (see, United States v Lovasco, 431 U.S. 783; People v Lesiuk, 81 N.Y.2d 485, 490-491; People v Vernace, 274 A.D.2d 595).

The defendant was not denied the effective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137).

The sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

O'BRIEN, J.P., FRIEDMANN, GOLDSTEIN and H. MILLER, JJ., concur.