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People v. O'Brien

Court of Appeals of the State of New York
Jun 23, 1982
56 N.Y.2d 1009 (N.Y. 1982)

Opinion

Argued June 8, 1982

Decided June 23, 1982

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NICHOLAS TSOUCALAS, J.

Robert S. Dean and William E. Hellerstein for appellant.

John J. Santucci, District Attorney ( Deborah Carlin Stevens of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

When defendant entered a plea of guilty he forfeited his right to claim that he was deprived of a speedy trial under CPL 30.30 ( People v Suarez, 55 N.Y.2d 940). Nor may defendant preserve his statutory speedy trial claim for appellate review by obtaining the consent of the prosecutor and the approval of the court at the time the plea is entered ( People v Di Raffaele, 55 N.Y.2d 234).

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Order affirmed in a memorandum.


Summaries of

People v. O'Brien

Court of Appeals of the State of New York
Jun 23, 1982
56 N.Y.2d 1009 (N.Y. 1982)
Case details for

People v. O'Brien

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY O'BRIEN…

Court:Court of Appeals of the State of New York

Date published: Jun 23, 1982

Citations

56 N.Y.2d 1009 (N.Y. 1982)
453 N.Y.S.2d 638
439 N.E.2d 354

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