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People v. Cusick

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1985
111 A.D.2d 251 (N.Y. App. Div. 1985)

Opinion

May 13, 1985

Appeal from the Supreme Court, Richmond County (Felig, J.).


Judgments affirmed.

By pleading guilty defendant has waived his claim that he was not brought to trial within the 180-day statutory limit of the Agreement on Detainers (CPL 580.20 [III] [a]). The rights afforded by the Agreement on Detainers are neither fundamental nor constitutionally guaranteed ( United States v. Lawson, 736 F.2d 835; United States v. Scheer, 729 F.2d 164; United States v Palmer, 574 F.2d 164, cert denied 437 U.S. 907) and a violation of the procedural rules contained therein is not a jurisdictional defect which may survive a guilty plea ( People v. Vidal, 85 A.D.2d 701). Nor do the circumstances demonstrate a violation of defendant's constitutional right to a speedy trial (CPL 30.20; People v. Taranovich, 37 N.Y.2d 442). Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.


Summaries of

People v. Cusick

Appellate Division of the Supreme Court of New York, Second Department
May 13, 1985
111 A.D.2d 251 (N.Y. App. Div. 1985)
Case details for

People v. Cusick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL CUSICK, Also…

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

Date published: May 13, 1985

Citations

111 A.D.2d 251 (N.Y. App. Div. 1985)

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