Opinion
410 KA 17–01591
03-23-2018
The PEOPLE of the State of New York, Respondent, v. Eric S. ALLEN, Defendant–appellant.
XAVIER AND ASSOCIATES, P.C., ALBANY (MICHAEL C. VISCOSI OF COUNSEL), FOR DEFENDANT–APPELLANT. JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.
XAVIER AND ASSOCIATES, P.C., ALBANY (MICHAEL C. VISCOSI OF COUNSEL), FOR DEFENDANT–APPELLANT.
JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, CARNI, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
Memorandum:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of driving while intoxicated ( Vehicle and Traffic Law § 1192[3] ). Contrary to defendant's contention, by pleading guilty, he forfeited his right to claim that he was deprived of a speedy trial under CPL 30.30 (see People v. Walter, 138 A.D.3d 1479, 1479, 30 N.Y.S.3d 459 [4th Dept. 2016], lv denied 27 N.Y.3d 1141, 39 N.Y.S.3d 123, 61 N.E.3d 522 [2016] ). Defendant could not validly reserve his right to appellate review of his statutory speedy trial claim "by obtaining the consent of the prosecutor and the approval of [County Court] at the time the plea [was] entered" ( People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354 [1982] ; see People v. Perez, 51 A.D.3d 824, 824, 856 N.Y.S.2d 862 [2d Dept. 2008], lv denied 11 N.Y.3d 740, 864 N.Y.S.2d 398, 894 N.E.2d 662 [2008] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.