Home/New York Court of Appeals/People v. Thill

People v. Thill

420 N.E.2d 95, 52 N.Y.2d 1020, 438 N.Y.S.2d 297, 1981 N.Y. LEXIS 2251
New York Court of Appeals·Decided February 24, 1981·Published·Cited by 31 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that court for a review of the facts.

By pleading guilty, defendant waived his statutory right to assert that he was entitled to dismissal because the People were not ready for trial within the time required by CPL 30.30. (See People v Clary, 52 NY2d 1023 [decided herewith] ; People v Friscia, 51 NY2d 845.) He cannot, therefore, test the validity of that claim on appeal.

[1022] We reject defendant’s argument that the due process clauses of the Federal and State Constitutions require a contrary conclusion.

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

Order reversed and case remitted to the Appellate Division, Fourth Department, for further proceedings in accordance with the memorandum herein.

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

People v. Thill, 420 N.E.2d 95, 52 N.Y.2d 1020, 438 N.Y.S.2d 297, 1981 N.Y. LEXIS 2251 (N.Y. 1981).

420 N.E.2d 95 (People v. Thill) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Bediako
119 A.D.3d 598 (Appellate Division of the Supreme Court of New York, 2014)
People v. Mayo
45 A.D.3d 1361 (Appellate Division of the Supreme Court of New York, 2007)
People v. Konieczny
813 N.E.2d 626 (New York Court of Appeals, 2004)
People v. Benson
276 A.D.2d 433 (Appellate Division of the Supreme Court of New York, 2000)
People v. Scott
188 A.D.2d 1086 (Appellate Division of the Supreme Court of New York, 1992)
People v. Southwell
158 A.D.2d 490 (Appellate Division of the Supreme Court of New York, 1990)
People v. Hedayat
151 A.D.2d 1043 (Appellate Division of the Supreme Court of New York, 1989)
People v. Hutchenson
136 A.D.2d 737 (Appellate Division of the Supreme Court of New York, 1988)
People v. Dickson
133 A.D.2d 492 (Appellate Division of the Supreme Court of New York, 1987)
People v. Walton
136 Misc. 2d 539 (New York Supreme Court, 1987)
People v. Hickman
129 A.D.2d 836 (Appellate Division of the Supreme Court of New York, 1987)
People v. Kay
119 A.D.2d 834 (Appellate Division of the Supreme Court of New York, 1986)
People v. Rullo
117 A.D.2d 632 (Appellate Division of the Supreme Court of New York, 1986)
People v. Sharpe
115 A.D.2d 996 (Appellate Division of the Supreme Court of New York, 1985)
People v. Prescott
486 N.E.2d 813 (New York Court of Appeals, 1985)
People v. Pressley
115 A.D.2d 228 (Appellate Division of the Supreme Court of New York, 1985)
People v. Fuentes
115 A.D.2d 351 (Appellate Division of the Supreme Court of New York, 1985)
People v. Kopciowski
115 A.D.2d 266 (Appellate Division of the Supreme Court of New York, 1985)
People v. Lawson
112 A.D.2d 457 (Appellate Division of the Supreme Court of New York, 1985)
People v. Taylor
65 N.Y. 1 (New York Court of Appeals, 1985)