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People v. Ervin

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 406 (N.Y. App. Div. 1986)

Opinion

December 8, 1986

Appeal from the Supreme Court, Suffolk County (Jaspan, J.).


Ordered that the judgment is affirmed.

By pleading guilty, the defendant forfeited his right to claim that he was denied a speedy trial under CPL 30.30 (see, People v O'Brien, 56 N.Y.2d 1009; People v. Howe, 56 N.Y.2d 622; People v Suarez, 55 N.Y.2d 940). Moreover, by failing to move to withdraw his plea prior to sentencing, the defendant failed to preserve the issue for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636).

The defendant's constitutional speedy trial claim is likewise without merit (see, People v. Taranovich, 37 N.Y.2d 442). Thompson, J.P., Niehoff, Weinstein and Spatt, JJ., concur.


Summaries of

People v. Ervin

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 406 (N.Y. App. Div. 1986)
Case details for

People v. Ervin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY ERVIN, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 8, 1986

Citations

125 A.D.2d 406 (N.Y. App. Div. 1986)

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