People State New York v. Elgin Cook

[63 A.D.2d 841 Page 841] Judgment unanimously affirmed. Memorandum: On this appeal from a judgment of conviction, appellant argues that he was not tried within 120 days of his arrival in New York as required by CPL 580.20 (art IV, subd [c]), the Agreement on Detainers, and requests that the judgment of conviction be reversed and the underlying indictments dismissed, or, in the alternative, that the case be remanded for an evidentiary hearing on the question of whether he was timely tried. At no time did defendant move to dismiss pursuant to CPL 30.30 (subd 1, par [a]). Appellant was sentenced to a four-year term in the Federal Correctional Facility in Sandstone, Minnesota, on October 4, 1976. On January 21, 1977 he was brought to New York pursuant to CPL 580.20 for disposition of the pending State indictments (criminal possession of a forged instrument, second degree, [63 A.D.2d 841 Page 842]