Home/New York Court of Appeals/People v. Clary

People v. Clary

420 N.E.2d 96, 52 N.Y.2d 1023, 438 N.Y.S.2d 298, 1981 N.Y. LEXIS 2253
CourtNew York Court of Appeals
DecidedFebruary 24, 1981
StatusPublished
Cited by7 cases

This text of 420 N.E.2d 96 (People v. Clary) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Clary, 420 N.E.2d 96, 52 N.Y.2d 1023, 438 N.Y.S.2d 298, 1981 N.Y. LEXIS 2253 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that court for a review of the facts.

By his plea of guilty, defendant waived any right to a dismissal resulting from the alleged failure of the People to be ready for trial in conformity with the time limitations of CPL 30.30 (subd 1, par [a]) (People v Friscia, 51 NY2d 845; see People v Brothers, 50 NY2d 413; cf. People v Adams, 38 NY2d 605).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order reversed and case remitted to the Appellate Division, Fourth Department, for further proceedings in accordance with the memorandum herein.

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Cite This Page — Counsel Stack

Bluebook (online)
420 N.E.2d 96, 52 N.Y.2d 1023, 438 N.Y.S.2d 298, 1981 N.Y. LEXIS 2253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clary-ny-1981.