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People v. Wade

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 610 (N.Y. App. Div. 1988)

Opinion

April 11, 1988

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


Ordered that the judgment is affirmed.

The defendant's plea of guilty acts as a waiver of his statutory speedy trial claim (see, CPL 30.30; People v. Howe, 56 N.Y.2d 622; People v. Savage, 54 N.Y.2d 697). Furthermore, it cannot be said that the defendant's constitutional right to a speedy trial was violated. The defendant's motion to dismiss was limited to the 8 1/2-month period when he was wanted on a bench warrant. The hearing court's finding that the defendant voluntarily absented himself from court and therefore was responsible for the delay is supported by the evidence and should not be disturbed. Accordingly, the motion was properly denied (see, People v. Taranovich, 37 N.Y.2d 442, 445; People v O'Shaughnessy, 118 A.D.2d 876, 877, lv denied 68 N.Y.2d 759).

We have considered the defendant's claim that he was improperly adjudicated a second felony offender and find it to be meritless (see, People v. Depeyster, 115 A.D.2d 613; People v. Boyle, 111 A.D.2d 826, 827). Mangano, J.P., Bracken, Spatt and Harwood, JJ., concur.


Summaries of

People v. Wade

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 610 (N.Y. App. Div. 1988)
Case details for

People v. Wade

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD E. WADE, Also…

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

Date published: Apr 11, 1988

Citations

139 A.D.2d 610 (N.Y. App. Div. 1988)

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