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People v. Montanus

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 1982
90 A.D.2d 992 (N.Y. App. Div. 1982)

Opinion

November 9, 1982

Appeal from the Jefferson County Court, Aylward, J.

Present — Hancock, Jr., J.P., Doerr, Denman, Boomer and Schnepp, JJ.


Judgment unanimously affirmed. Memorandum: When defendant entered a plea of guilty, he forfeited his right to claim that he was deprived of a speedy trial pursuant to CPL 30.30 ( People v Suarez, 55 N.Y.2d 940; People v Friscia, 51 N.Y.2d 845). Defendant's attempt to preserve that issue for review by obtaining the consent of the District Attorney and the approval of the court is of no avail (see People v O'Brien, 56 N.Y.2d 1009, 1010; People v Howe, 56 N.Y.2d 622). Our determination, however, is without prejudice to a postjudgment application by defendant, if he be so advised, challenging the knowing nature of his guilty plea (see People v O'Brien, 84 A.D.2d 567, 568, affd 56 N.Y.2d 1009, supra).


Summaries of

People v. Montanus

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 1982
90 A.D.2d 992 (N.Y. App. Div. 1982)
Case details for

People v. Montanus

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL C. MONTANUS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 9, 1982

Citations

90 A.D.2d 992 (N.Y. App. Div. 1982)

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