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People v. Handlin

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1989
156 A.D.2d 380 (N.Y. App. Div. 1989)

Opinion

December 4, 1989

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

The defendant's claim that his plea of guilty was coerced is unpreserved for appellate review and in any event is refuted by the record (see, People v Mattocks, 100 A.D.2d 944; see also, People v Corwise, 120 A.D.2d 604). To the extent that the defendant separately claims that his right to a speedy trial was violated, and to the extent that such a claim might otherwise survive his guilty plea (see, People v Friscia, 51 N.Y.2d 845; People v Walker, 109 A.D.2d 858; see also, People v Blakely, 34 N.Y.2d 311; People v Thomas, 74 A.D.2d 317, affd 53 N.Y.2d 338), we note that the defendant made no motion to dismiss the indictment on speedy trial grounds. The issue is therefore unpreserved for appellate review (see, People v Thomas, supra, at 321). Finally, the defendant pleaded guilty with the understanding that he would receive the sentence which was thereafter actually imposed and we discern no basis for disturbing that sentence (see, People v Kazepis, 101 A.D.2d 816; People v Suitte, 90 A.D.2d 80). Mollen, P.J., Lawrence, Kooper and Harwood, JJ., concur.


Summaries of

People v. Handlin

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1989
156 A.D.2d 380 (N.Y. App. Div. 1989)
Case details for

People v. Handlin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER HANDLIN…

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

Date published: Dec 4, 1989

Citations

156 A.D.2d 380 (N.Y. App. Div. 1989)
548 N.Y.S.2d 334

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