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People v. Weeks [4th Dept 2000

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
(N.Y. App. Div. May. 10, 2000)

Opinion

Filed May 10, 2000.

Appeal from Judgment of Onondaga County Court, Burke, J. — Criminal Possession Controlled Substance, 5th Degree.

Judgment unanimously affirmed.

Present: GREEN, J. P., HAYES, WISNER AND HURLBUTT, JJ.


Memorandum:

Although a constitutional speedy trial claim is not waived by a guilty plea ( see, People v. Callahan, 80 N.Y.2d 273, 282), defendant moved to dismiss the indictment on statutory speedy trial grounds only ( see, CPL 30.30) and thus failed to preserve for our review his present contention that he was denied his constitutional right to a speedy trial ( see, People v. Lieberman, 47 N.Y.2d 931, 932; People v. James, 188 A.D.2d 296). In any event, "review of the constitutional issue is precluded by the lack of an adequate record which it was defendant's burden to provide" ( People v. James, supra; see, People v. Larry, 178 A.D.2d 282, 283, lv denied 79 N.Y.2d 1003).


Summaries of

People v. Weeks [4th Dept 2000

Appellate Division of the Supreme Court of New York, Fourth Department
May 10, 2000
(N.Y. App. Div. May. 10, 2000)
Case details for

People v. Weeks [4th Dept 2000

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. WARREN WEEKS…

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

Date published: May 10, 2000

Citations

(N.Y. App. Div. May. 10, 2000)