People v. Mallette

Appellate Division of the Supreme Court of New York

People v. Mallette

306 A.D.2d 944, 761 N.Y.S.2d 918, 2003 N.Y. App. Div. LEXIS 6897

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 13, 2003

StatusPublished

This text of 306 A.D.2d 944 (People v. Mallette) 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. Mallette, 306 A.D.2d 944, 761 N.Y.S.2d 918, 2003 N.Y. App. Div. LEXIS 6897 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a judgment of Jefferson County Court (Martusewicz, J.), entered September 24, 2001, convicting defendant upon his plea of guilty of burglary in the third degree.

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

[945]*945Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree (Penal Law § 140.20). By pleading guilty, defendant forfeited his claim that he was denied his statutory right to a speedy trial (see CPL 30.30; People v O’Brien, 56 NY2d 1009, 1010 [1982]; People v Jones, 300 AD2d 1057 [2002]; People v Dewitt, 295 AD2d 937, 938 [2002], lv denied 98 NY2d 709, 767 [2002]). The sentence is neither unduly harsh nor severe. Present— Wisner, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.

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—Appeal from a judgment of Jefferson County Court (Martusewicz, J.), entered September 24, 2001, convicting defendant upon his plea of guilty of burglary in the third degree.

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

[945]*945Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree (Penal Law § 140.20). By pleading guilty, defendant forfeited his claim that he was denied his statutory right to a speedy trial (see CPL 30.30; People v O’Brien, 56 NY2d 1009, 1010 [1982]; People v Jones, 300 AD2d 1057 [2002]; People v Dewitt, 295 AD2d 937, 938 [2002], lv denied 98 NY2d 709, 767 [2002]). The sentence is neither unduly harsh nor severe. Present— Wisner, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.

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Bluebook (online)

306 A.D.2d 944, 761 N.Y.S.2d 918, 2003 N.Y. App. Div. LEXIS 6897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mallette-nyappdiv-2003.

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