Earl Simmons, the rap artist known as DMX, won at least a short delay of his 15-day jail term while his attorneys try to convince a federal judge to give him a longer stay of sentence.
At the request of U.S. District Judge Richard J. Arcara, Cheektowaga Town Justice Ronald E. Kmiotek agreed to delay the start of Simmons' jail term in Erie County Correctional Facility.
Arcara, meanwhile, scheduled a hearing Thursday morning on whether he will intervene in the case and grant Simmons a month stay of sentence.
Simmons had pleaded guilty to driving without a license, marijuana possession and two parking tickets. He was arrested on the Kensington Expressway on March 29, about three hours after he had headlined a show in HSBC Arena. He was driving back to his Cheektowaga hotel room at the time.
On Tuesday, hours after Kmiatek ordered Simmons to surrender at the Cheektowaga court facility by 9:45 a.m. Thursday, Simmons' lawyers, Mark J. Mahoney and James P. Harrington, made their plea to federal court.
Though the singer's lawyers are challenging the legality of New York State's sentencing and appeal waiver process, Arcara on Thursday will rule only on whether to stay the sentence and schedule a hearing on all legal issues in the case.
Simmons, of White Plains, did not attend the Tuesday hearing.
J. Michael Marion, chief of the Erie County district attorney's appeals bureau, told Arcara that Simmons' case is "meritless."