People v. Llorems

133 A.D.3d 465, 18 N.Y.S.3d 860

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 12, 2015
• Docket: 16120 5313/10
• Status: Published

Opinion

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered August 13, 2012, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 11 years, unanimously affirmed.

Defendant’s guilty plea forecloses review of his statutory speedy trial claim (see People v O’Brien, 56 NY2d 1009 [1982]). Although a constitutional speedy trial claim survives a guilty plea, defendant’s motion made only a perfunctory reference to the constitutional right to a speedy trial, and relied exclusively on CPL 30.30. Accordingly, defendant did not preserve his constitutional claim (see People v Hazel, 298 AD2d 216 [1st Dept 2002], lv denied 99 NY2d 559 [2002]) and we decline to review it in the interest of justice. As an alternative holding, we find, after considering the factors set forth in People v Taranovich (37 NY2d 442, 445 [1975]), that defendant was not deprived of a speedy trial. Concur — Friedman, J.P., Acosta, Renwick, Andrias and Moskowitz, JJ.