People v. Mendez

Appellate Division of the Supreme Court of New York

People v. Mendez

259 A.D.2d 361, 688 N.Y.S.2d 124, 1999 N.Y. App. Div. LEXIS 2811

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

DecidedMarch 18, 1999

StatusPublished

Cited by2 cases

This text of 259 A.D.2d 361 (People v. Mendez) 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. Mendez, 259 A.D.2d 361, 688 N.Y.S.2d 124, 1999 N.Y. App. Div. LEXIS 2811 (N.Y. Ct. App. 1999).

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Opinion

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered September 8, 1995, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 5 years to life, unanimously affirmed.

[362]*362By pleading guilty, defendant waived his statutory speedy trial claim (People v O’Brien, 56 NY2d 1009). Since defendant’s speedy trial motion, while purportedly raising constitutional issues, failed to address the factors set forth in People v Taranovich (37 NY2d 422) and merely raised statutory issues, his constitutional claim is unpreserved (People v Rowe, 244 AD2d 295, lv denied 91 NY2d 930), and we decline to review it in the interest of justice. Were we to review this claim, we would reject it (supra). Concur — Sullivan, J. P., Lerner, Andrias and Saxe, JJ.

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Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered September 8, 1995, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony offender, to a term of 5 years to life, unanimously affirmed.

[362]*362By pleading guilty, defendant waived his statutory speedy trial claim (People v O’Brien, 56 NY2d 1009). Since defendant’s speedy trial motion, while purportedly raising constitutional issues, failed to address the factors set forth in People v Taranovich (37 NY2d 422) and merely raised statutory issues, his constitutional claim is unpreserved (People v Rowe, 244 AD2d 295, lv denied 91 NY2d 930), and we decline to review it in the interest of justice. Were we to review this claim, we would reject it (supra). Concur — Sullivan, J. P., Lerner, Andrias and Saxe, JJ.

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Bluebook (online)

259 A.D.2d 361, 688 N.Y.S.2d 124, 1999 N.Y. App. Div. LEXIS 2811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mendez-nyappdiv-1999.

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