Opinion
Argued January 7, 1981
Decided February 24, 1981
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JAMES M. BOOMER, J.
Lawrence T. Kurlander, District Attorney (David Pogue and Irene K. Dymkar of counsel), for appellant.
Edward J. Nowak, Public Defender, for respondent.
MEMORANDUM.
The order of the Appellate Division should be reversed and the case remitted to that court for a review of the facts.
By his plea of guilty, defendant waived any right to a dismissal resulting from the alleged failure of the People to be ready for trial in conformity with the time limitations of CPL 30.30 (subd 1, par [a]) (People v Friscia, 51 N.Y.2d 845; see People v Brothers, 50 N.Y.2d 413; cf. People v Adams, 38 N.Y.2d 605).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order reversed and case remitted to the Appellate Division, Fourth Department, for further proceedings in accordance with the memorandum herein.