People v. Montanus

Appellate Division of the Supreme Court of New York

People v. Montanus

90 A.D.2d 992, 456 N.Y.S.2d 907, 1982 N.Y. App. Div. LEXIS 19279

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

DecidedNovember 9, 1982

StatusPublished

Cited by4 cases

This text of 90 A.D.2d 992 (People v. Montanus) 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. Montanus, 90 A.D.2d 992, 456 N.Y.S.2d 907, 1982 N.Y. App. Div. LEXIS 19279 (N.Y. Ct. App. 1982).

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Opinion

Judgment unanimously affirmed. Memorandum: When defendant entered a plea of guilty, he forfeited his right to claim that he was deprived of a speedy trial pursuant to CPL 30.30 (People v Suarez, 55 NY2d 940; People v Friscia, 51 NY2d 845). Defendant’s attempt to preserve that issue for review by obtaining the consent of the District Attorney and the approval of the court is of no avail (see People v O’Brien, 56 NY2d 1009, 1010; People v Howe, 56 NY2d 622). Our determination, however, is without prejudice to a postjudgment application by defendant, if he be so advised, challenging the knowing nature of his guilty plea (see People v O’Brien, 84 AD2d 567, 568, affd 56 NY2d 1009, supra). (Appeal from judgment of Jefferson County Court, Aylward, J. — driving while intoxicated.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.

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Judgment unanimously affirmed. Memorandum: When defendant entered a plea of guilty, he forfeited his right to claim that he was deprived of a speedy trial pursuant to CPL 30.30 (People v Suarez, 55 NY2d 940; People v Friscia, 51 NY2d 845). Defendant’s attempt to preserve that issue for review by obtaining the consent of the District Attorney and the approval of the court is of no avail (see People v O’Brien, 56 NY2d 1009, 1010; People v Howe, 56 NY2d 622). Our determination, however, is without prejudice to a postjudgment application by defendant, if he be so advised, challenging the knowing nature of his guilty plea (see People v O’Brien, 84 AD2d 567, 568, affd 56 NY2d 1009, supra). (Appeal from judgment of Jefferson County Court, Aylward, J. — driving while intoxicated.) Present — Hancock, Jr., J. P., Doerr, Denman, Boomer and Schnepp, JJ.

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Bluebook (online)

90 A.D.2d 992, 456 N.Y.S.2d 907, 1982 N.Y. App. Div. LEXIS 19279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montanus-nyappdiv-1982.

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