From Casetext: Smarter Legal Research

People v. Simon

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1994
202 A.D.2d 302 (N.Y. App. Div. 1994)

Opinion

March 17, 1994

Appeal from the Supreme Court, New York County (Harold Rothwax, J.).


Defendant's claim that he was denied his right to a speedy trial is not preserved for appellate review as a matter of law (CPL 470.05) and we decline to review it in the interest of justice. If we were to review it, we would find, first, that defendant's plea of guilty operated as a waiver of his statutory right to a speedy trial (People v. Friscia, 51 N.Y.2d 845, 847), and, second, that the claim is in any event without merit in view of, inter alia, the time spent on defense motions (see, supra; People v. Worley, 66 N.Y.2d 523).

Concur — Rosenberger, J.P., Ellerin, Rubin, Nardelli and Williams, JJ.


Summaries of

People v. Simon

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1994
202 A.D.2d 302 (N.Y. App. Div. 1994)
Case details for

People v. Simon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC SIMON, Appellant

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

Date published: Mar 17, 1994

Citations

202 A.D.2d 302 (N.Y. App. Div. 1994)
610 N.Y.S.2d 769

Citing Cases

People v. Benson

We see no reason to disturb the court's credibility determinations, which are supported by the record (see,…