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People v. Heidt

Supreme Court of New York, First Department
Nov 15, 2023
2023 N.Y. Slip Op. 51190 (N.Y. App. Term 2023)

Opinion

11-15-2023

The People of the State of New York, Respondent, v. John Heidt, Defendant-Appellant.


Unpublished Opinion

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Guy H. Mitchell, J., at CPL 30.30 motion; Melissa A. Crane, J., at plea and sentencing), rendered May 23, 2016, convicting him, upon his plea of guilty, of driving while impaired by alcohol, and imposing sentence.

PRESENT: Hagler, P.J., Tisch, J.

PER CURIAM.

Judgment of conviction (Guy H. Mitchell, J., at CPL 30.30 motion; Melissa A. Crane, J., at plea and sentencing), rendered May 23, 2016, affirmed.

Defendant forfeited review of his speedy trial claim by pleading guilty (see People v Suarez, 55 N.Y.2d 940 [1982]). The recent amendments to CPL 30.30, which, inter alia, permit a defendant who pleaded guilty to raise a statutory speedy trial claim on appeal (see CPL 30.30[6]), and extended statutory speedy trial limitations to traffic infractions charged in the same accusatory instrument with certain other offenses (see CPL 30.30[1][e]), are not retroactive, and do not apply to criminal actions commenced prior to the January 1, 2020 effective date of the legislation (see L 2019, ch 59, part KKK, § 1), such as this 2016 action (see People v Galindo, 38 N.Y.3d 199 [2022]; People v Hall, 210 A.D.3d 482, 483 [2022], lv denied 39 N.Y.3d 1078 [2023]; People v Lara-Medina, 195 A.D.3d 542 [2021], lv denied 37 N.Y.3d 993 [2021]).

We decline defendant's invitation to vacate his conviction in the interest of justice.

I concur.


Summaries of

People v. Heidt

Supreme Court of New York, First Department
Nov 15, 2023
2023 N.Y. Slip Op. 51190 (N.Y. App. Term 2023)
Case details for

People v. Heidt

Case Details

Full title:The People of the State of New York, Respondent, v. John Heidt…

Court:Supreme Court of New York, First Department

Date published: Nov 15, 2023

Citations

2023 N.Y. Slip Op. 51190 (N.Y. App. Term 2023)