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People v. Cabrera

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 366 (N.Y. App. Div. 1998)

Opinion

October 13, 1998

Appeal from the Supreme Court, Nassau County (Ort, J.).


Ordered that the judgments are affirmed.

The defendant's pleas of guilty resulted in the forfeiture of his right to appellate review of that branch of his omnibus motion which was to dismiss the indictments based on CPL 30.30, i.e., statutory speedy trial grounds ( see, People v. O'Brien, 56 N.Y.2d 1009; People v. Suarez, 55 N.Y.2d 940; People v. Friscia, 51 N.Y.2d 845; People v. Penna, 203 A.D.2d 392). Review of this issue is also precluded by the defendant's express waiver of his right to appellate review thereof as part of his plea bargain ( see, People v. Grandberry, 223 A.D.2d 723).

The defendant's constitutional speedy trial argument is without merit ( see, People v. Taranovich, 37 N.Y.2d 442; People v. Perez, 42 N.Y.2d 971, 972; People v. Morales, 199 A.D.2d 284; People v. Lamertis, 210 A.D.2d 258).

The defendant's remaining argument is unpreserved for appellate review and, in any event, without merit.

Ritter, J. P., Santucci, Altman and Krausman, JJ., concur.


Summaries of

People v. Cabrera

Appellate Division of the Supreme Court of New York, Second Department
Oct 13, 1998
254 A.D.2d 366 (N.Y. App. Div. 1998)
Case details for

People v. Cabrera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO CABRERA…

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

Date published: Oct 13, 1998

Citations

254 A.D.2d 366 (N.Y. App. Div. 1998)
678 N.Y.S.2d 730

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