People v. Hedayat

Appellate Division of the Supreme Court of New York

People v. Hedayat

151 A.D.2d 1043, 542 N.Y.S.2d 98, 1989 N.Y. App. Div. LEXIS 8434

Appellate Division of the Supreme Court of the State of New York·Decided June 2, 1989·Published

Opinion

Judgment unanimously affirmed. Memorandum: By pleading guilty, defendant waived his statutory right to assert that he was entitled to dismissal because the People were not ready for trial within the time required by CPL 30.30 (People v Thill, 52 NY2d 1020, 1021, cert denied 454 US 829; People v Clary, 52 NY2d 1023, 1024; People v Friscia, 51 NY2d 845; People v Prescott, 66 NY2d 216, 220, cert denied 475 US 1150). Defendant’s constitutional speedy trial claim, raised for the first time on appeal, lacks merit (see, People v Taranovich, 37 NY2d 442). (Appeal from judgment of Seneca County Court, DePasquale, J. — grand larceny, second degree.) Present — Dillon, P. J., Callahan, Green, Pine and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: By pleading guilty, defendant waived his statutory right to assert that he was entitled to dismissal because the People were not ready for trial within the time required by CPL 30.30 (People v Thill, 52 NY2d 1020, 1021, cert denied 454 US 829; People v Clary, 52 NY2d 1023, 1024; People v Friscia, 51 NY2d 845; People v Prescott, 66 NY2d 216, 220, cert denied 475 US 1150). Defendant’s constitutional speedy trial claim, raised for the first time on appeal, lacks merit (see, People v Taranovich, 37 NY2d 442). (Appeal from judgment of Seneca County Court, DePasquale, J. — grand larceny, second degree.) Present — Dillon, P. J., Callahan, Green, Pine and Davis, JJ.

People v. Hedayat, 151 A.D.2d 1043, 542 N.Y.S.2d 98, 1989 N.Y. App. Div. LEXIS 8434 (N.Y. Ct. App. 1989).

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151 A.D.2d 1043 (People v. Hedayat) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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