Opinion
No. 2543 Ind. No. 2954/17 Case No. 2019-05267
06-25-2024
The People of the State of New York, Respondent, v. James Hatcher, Appellant.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Benjamin Rutkin-Becker of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Peter Rienzi of counsel), for respondent.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Benjamin Rutkin-Becker of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Peter Rienzi of counsel), for respondent.
Before: Kern, J.P., Singh, Scarpulla, Pitt-Burke, Higgitt, JJ.
Judgment, Supreme Court, New York County (Steven M. Statsinger, J., at speedy trial motion and sentencing; Barry E. Warhit, J., at plea), rendered August 28, 2019, convicting defendant of assault in the first degree, and sentencing him, as a second felony offender, to a term of eight years, unanimously affirmed.
Regardless of whether defendant validly waived his right to appeal, his statutory speedy trial claim has been forfeited by his guilty plea (see People v O'Brien, 56 N.Y.2d 1009 [1982]; People v Lara-Medina, 195 A.D.3d 542, 542-543 [1st Dept 2021], lv denied 37 N.Y.3d 993 [2021]). As an alternative holding, we find that defendant's speedy trial motion was properly summarily denied. Defendant did not raise any factual dispute in support of his motion and did not raise any factual dispute in response to the People's showings of excludable time that would require a hearing (see People v Winston, 177 A.D.3d 524, 525 [1st Dept 2019], lv denied 34 N.Y.3d 1164 [2020]; People v Rosa, 164 A.D.3d 1182, 1183 [1st Dept 2018], lv denied 32 N.Y.3d 1114 [2018]). Defendant's related claims are unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.