Defendant's right to be sentenced without unreasonable delay (CPL 380.30) was not violated by the elapse of three years between the original sentencing and resentencing. The procedural error during the prompt initial sentencing did not render that sentence a nullity for purposes of speedy sentencing analysis (see, People v. Peterson, 264 A.D.2d 574, 576, lv denied 94 N.Y.2d 865, cert denied US [October 2, 2000], 2000 U.S. LEXIS 5259). In any event, the delay in resentencing resulted from defendant's delay in seeking a remedy for the procedural defect in his original sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.