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People v. Kay

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1986
119 A.D.2d 834 (N.Y. App. Div. 1986)

Opinion

April 28, 1986

Appeal from the County Court, Nassau County (Delin, J.).


Judgment affirmed.

By not moving to withdraw his guilty plea in the court of first instance, the defendant has failed to preserve for appellate review any issue of law as to the alleged insufficiency in the plea allocution (see, People v. Pellegrino, 60 N.Y.2d 636).

By his guilty plea, the defendant effectively waived any claim that he was deprived of his statutory right to a speedy trial pursuant to CPL 30.30 (see, People v. Thill, 52 N.Y.2d 1020; People v. Friscia, 51 N.Y.2d 845; People v. Walker, 109 A.D.2d 858). Furthermore, it does not appear that the court erred in rejecting the defendant's constitutionally based speedy-trial claim (People v. Taranovich, 37 N.Y.2d 442). Lazer, J.P., Mangano, Gibbons and Bracken, JJ., concur.


Summaries of

People v. Kay

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1986
119 A.D.2d 834 (N.Y. App. Div. 1986)
Case details for

People v. Kay

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL KAY, Appellant

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

Date published: Apr 28, 1986

Citations

119 A.D.2d 834 (N.Y. App. Div. 1986)

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