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People v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 2003
2 A.D.3d 1454 (N.Y. App. Div. 2003)

Opinion

KA 02-01722.

December 31, 2003.

Appeal from a judgment of Cayuga County Court (Fandrich, J.), entered July 2, 2002, convicting defendant upon his plea of guilty of promoting prison contraband in the first degree.

JAMES A. LEONE, AUBURN, FOR DEFENDANT-APPELLANT.

JAMES B. VARGASON, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Before: PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, AND HAYES, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of promoting prison contraband in the first degree (Penal Law § 205.25). By pleading guilty, defendant forfeited his contention that County Court erred in denying his motion to dismiss the indictment on the ground that the prosecutor violated 7 NYCRR 251-3.1 (d)(1) by using statements that defendant made at a prison disciplinary hearing against him at the grand jury proceeding ( see People v. Nagle, 308 A.D.2d 390; see also People v. Hansen, 95 N.Y.2d 227, 231-232). The additional contention of defendant that he was deprived of his constitutional right to a speedy trial ( see CPL 30.20) is not supported by the record inasmuch as the alleged eight-month preindictment delay is not inordinately long and defendant can point to no demonstrable prejudice arising from the delay ( see People v. Pratt, 303 A.D.2d 843, 843-844, lv denied 99 N.Y.2d 657; see generally People v. Taranovich, 37 N.Y.2d 442, 444-445).


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 31, 2003
2 A.D.3d 1454 (N.Y. App. Div. 2003)
Case details for

People v. Walker

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. CARDALE WALKER…

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

Date published: Dec 31, 2003

Citations

2 A.D.3d 1454 (N.Y. App. Div. 2003)
769 N.Y.S.2d 435

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