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People v. Brian T. G.

110 A.D.2d 907, 488 N.Y.S.2d 456, 1985 N.Y. App. Div. LEXIS 48813
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 29, 1985
StatusPublished

This text of 110 A.D.2d 907 (People v. Brian T. G.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Brian T. G., 110 A.D.2d 907, 488 N.Y.S.2d 456, 1985 N.Y. App. Div. LEXIS 48813 (N.Y. Ct. App. 1985).

Opinion

[908]*908By voluntarily and knowingly pleading guilty, upon the advice of counsel, defendant has waived the claim that he was denied his statutory right to a speedy trial pursuant to CPL 30.30 (People v O’Brien, 56 NY2d 1009; People v Suarez, 55 NY2d 940; People v Friscia, 51 NY2d 845); that the evidence before the Grand Jury was legally insufficient (see, People v Ferrara, 99 AD2d 257, 259; cf. People v Pelchat, 62 NY2d 97); that he was a victim of selective prosecution (People v Rodriguez, 79 AD2d 539, affd 55 NY2d 776); and that he was prejudiced by the People’s failure to preserve certain evidence (see, Menna v New York, 423 US 61, 62-63, n 2; People v Thomas, 74 AD2d 317, affd 53 NY2d 338). There is no legal or factual support for defendant’s claim that the particular circumstances justify appellate review of these issues. However, under the facts of this case, the court should have imposed periods of community service rather than incarceration. O’Connor, J. P., Weinstein, Brown and Kunzeman, JJ., concur.

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Related

Menna v. New York
423 U.S. 61 (Supreme Court, 1975)
People v. Thomas
74 A.D.2d 317 (Appellate Division of the Supreme Court of New York, 1980)
People v. Rodriguez
431 N.E.2d 972 (New York Court of Appeals, 1981)
People v. Friscia
413 N.E.2d 1168 (New York Court of Appeals, 1980)
People v. Thomas
424 N.E.2d 537 (New York Court of Appeals, 1981)
People v. Suarez
434 N.E.2d 245 (New York Court of Appeals, 1982)
People v. O'Brien
439 N.E.2d 354 (New York Court of Appeals, 1982)
People v. Pelchat
464 N.E.2d 447 (New York Court of Appeals, 1984)
People v. Rodriguez
79 A.D.2d 539 (Appellate Division of the Supreme Court of New York, 1980)
People v. Ferrara
99 A.D.2d 257 (Appellate Division of the Supreme Court of New York, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
110 A.D.2d 907, 488 N.Y.S.2d 456, 1985 N.Y. App. Div. LEXIS 48813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brian-t-g-nyappdiv-1985.