From Casetext: Smarter Legal Research

People v. Gee

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 1990
168 A.D.2d 811 (N.Y. App. Div. 1990)

Opinion

December 20, 1990

Appeal from the County Court of Rensselaer County (Ceresia, Jr., J.).


Defendant contends that his right to a speedy trial was violated; however, he forfeited his statutory speedy trial claim by his guilty plea (see, People v. O'Brien, 56 N.Y.2d 1009). Further, considering the factors set forth in People v. Taranovich ( 37 N.Y.2d 442, 445), we find no violation of defendant's constitutional right to a speedy trial in the nine-month delay between County Court's order for an in camera inspection of the Grand Jury minutes and its decision based on that inspection. There is also no merit to defendant's contention that his sentence of 3 to 6 years, the most lenient sentence possible in view of his criminal history and the crime to which he entered his guilty plea, is harsh and excessive or an abuse of discretion.

Judgment affirmed. Kane, J.P., Casey, Levine, Mercure and Harvey, JJ., concur.


Summaries of

People v. Gee

Appellate Division of the Supreme Court of New York, Third Department
Dec 20, 1990
168 A.D.2d 811 (N.Y. App. Div. 1990)
Case details for

People v. Gee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH T. GEE…

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

Date published: Dec 20, 1990

Citations

168 A.D.2d 811 (N.Y. App. Div. 1990)
564 N.Y.S.2d 511

Citing Cases

People v. Pratt

Defendant pleaded guilty to one count of sexual abuse in the first degree stemming from his inappropriate…

People v. Hemans

Judgment unanimously affirmed. Memorandum: By entering a plea of guilty, defendant waived his statutory…