People v. O'Brien

New York Court of Appeals

People v. O'Brien

439 N.E.2d 354, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 1982 N.Y. LEXIS 3560

New York Court of Appeals·Decided June 23, 1982·Published·Cited by 180 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

When defendant entered a plea of guilty he forfeited his right to claim that he was deprived of a speedy trial under CPL 30.30 (People v Suarez, 55 NY2d 940). Nor may defendant preserve his statutory speedy trial claim for appellate review by obtaining the consent of the prosecutor and the approval of the court at the time the plea is entered (People v Di Raffaele, 55 NY2d 234).

[1011] Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

When defendant entered a plea of guilty he forfeited his right to claim that he was deprived of a speedy trial under CPL 30.30 (People v Suarez, 55 NY2d 940). Nor may defendant preserve his statutory speedy trial claim for appellate review by obtaining the consent of the prosecutor and the approval of the court at the time the plea is entered (People v Di Raffaele, 55 NY2d 234).

[1011] Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

People v. O'Brien, 439 N.E.2d 354, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 1982 N.Y. LEXIS 3560 (N.Y. 1982).

Pincite

439 N.E.2d 354 (People v. O'Brien) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related