People v. Trevino

114 A.D.2d 916, 495 N.Y.S.2d 85, 1985 N.Y. App. Div. LEXIS 53956

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 12, 1985
• Status: Published

Opinion

—Appeal by defendant from a judgment of the County Court, Westchester County (Kepner, J.), rendered December 4, 1981, convicting him of burglary in the third degree and grand larceny in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The Criminal Procedure Law provides that a motion to dismiss an indictment based upon a claimed denial of the right to a speedy trial must be made prior to the commencement of trial or the entry of a plea of guilty (CPL 210.20 [1] [g]; [2]). The motion must be made in writing and upon reasonable notice to the prosecution (CPL 210.45 [1]; People v Key, 45 NY2d 111; People v De Rosa, 42 NY2d 872). Failure to follow the statutory procedure results in a waiver of the claim (People v Lawrence, 64 NY2d 200; People v De Rosa, supra; People v Adams, 38 NY2d 605). The record indicates that defendant did not make a motion prior to the commencement of his trial to dismiss the indictment for denial of a speedy trial and therefore he waived the right to assert the claim upon appeal.

We have reviewed the other contentions raised by defendant in his pro se brief and by his counsel and find that while some errors exist, a number of them have not been preserved for appellate review and none merits reversal. Mollen, P. J., Lazer, Weinstein and Rubin, JJ., concur.