People v. Newsome

Appellate Division of the Supreme Court of New York

People v. Newsome

17 A.D.3d 785, 792 N.Y.S.2d 365, 2005 N.Y. App. Div. LEXIS 3937

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

DecidedApril 14, 2005

StatusPublished

Cited by2 cases

This text of 17 A.D.3d 785 (People v. Newsome) 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. Newsome, 17 A.D.3d 785, 792 N.Y.S.2d 365, 2005 N.Y. App. Div. LEXIS 3937 (N.Y. Ct. App. 2005).

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Opinion

Peters, J.

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered February 2, 2004, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

In satisfaction of a three-count indictment charging defendant with various drug crimes, defendant pleaded guilty in July 2002 to attempted criminal sale of a controlled substance in the third degree. Before he could be sentenced, however, defendant absconded and a bench warrant was issued for his arrest. Defendant was ultimately returned to County Court’s jurisdiction in 2004 and sentenced, as a second felony offender and in accordance with the plea agreement, to a prison term of 3 to 6 years. Defendant appeals and we affirm.

Defendant’s only contention on appeal is that he was denied his statutory right to a speedy trial (see CEL 30.30). Upon our review of the record, we find that defendant’s knowing, voluntary and intelligent guilty plea operated as a waiver of his right to seek appellate review of this issue (see People v Friscia, 51 NY2d 845, 847 [1980]; People v Cintron, 7 AD3d 827, 828 [2004]; People v Attanasio, 240 AD2d 877, 877-878 [1997]). Accordingly, the judgment of conviction must be affirmed.

Cardona, P.J., Mercure, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.

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Peters, J.

Appeal from a judgment of the County Court of Chemung County (Buckley, J.), rendered February 2, 2004, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.

In satisfaction of a three-count indictment charging defendant with various drug crimes, defendant pleaded guilty in July 2002 to attempted criminal sale of a controlled substance in the third degree. Before he could be sentenced, however, defendant absconded and a bench warrant was issued for his arrest. Defendant was ultimately returned to County Court’s jurisdiction in 2004 and sentenced, as a second felony offender and in accordance with the plea agreement, to a prison term of 3 to 6 years. Defendant appeals and we affirm.

Defendant’s only contention on appeal is that he was denied his statutory right to a speedy trial (see CEL 30.30). Upon our review of the record, we find that defendant’s knowing, voluntary and intelligent guilty plea operated as a waiver of his right to seek appellate review of this issue (see People v Friscia, 51 NY2d 845, 847 [1980]; People v Cintron, 7 AD3d 827, 828 [2004]; People v Attanasio, 240 AD2d 877, 877-878 [1997]). Accordingly, the judgment of conviction must be affirmed.

Cardona, P.J., Mercure, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

17 A.D.3d 785, 792 N.Y.S.2d 365, 2005 N.Y. App. Div. LEXIS 3937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-newsome-nyappdiv-2005.

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