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People v. Grandberry

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 723 (N.Y. App. Div. 1996)

Opinion

January 29, 1996

Appeal from the County Court, Nassau County (Goodman, J.).


Ordered that the judgments are affirmed.

The defendant's pleas of guilty resulted in the forfeiture of his right to appellate review of so much of his motion as was based on CPL 30.30 ( see, People v O'Brien, 56 N.Y.2d 1009; People v Suarez, 55 N.Y.2d 940; People v Friscia, 51 N.Y.2d 845; People v Penna, 203 A.D.2d 392). Review of this issue is also precluded by the defendant's express waiver of his right to appellate review thereof as part of his plea bargain. The defendant's constitutional speedy trial argument survived both the pleas and the express waiver of the defendant's right to appeal ( see, People v Callahan, 80 N.Y.2d 273, 279). However, it is clear that the defendant was not deprived of his constitutional right to a speedy trial. Santucci, J.P., Altman, Friedmann and Florio, JJ., concur.


Summaries of

People v. Grandberry

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 723 (N.Y. App. Div. 1996)
Case details for

People v. Grandberry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL GRANDBERRY…

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

Date published: Jan 29, 1996

Citations

223 A.D.2d 723 (N.Y. App. Div. 1996)
637 N.Y.S.2d 203

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