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People v. Mack

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 776 (N.Y. App. Div. 1995)

Opinion

October 30, 1995

Appeal from the Supreme Court, Kings County (Pesce, J.).


Ordered that the judgment is affirmed.

By pleading guilty, the defendant forfeited the right to claim that the prosecution was not ready for trial within the statutory time limits imposed by CPL 30.30 (see, People v. O'Brien, 56 N.Y.2d 1009, 1010; People v. Tavares, 191 A.D.2d 524). Moreover, considering the relevant factors (see, People v. Taranovich, 37 N.Y.2d 442, 445), the defendant was not deprived of his constitutional right to a speedy trial (see, People v. Philip, 205 A.D.2d 714; People v. Penna, 203 A.D.2d 392; People v Calamese, 150 A.D.2d 474).

The sentence imposed, which was the minimum possible sentence under the circumstances (see, Penal Law § 70.06 [d]; § 220.31), was not excessive (see, People v. Kazepis, 101 A.D.2d 816). Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Mack

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1995
220 A.D.2d 776 (N.Y. App. Div. 1995)
Case details for

People v. Mack

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL MACK…

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

Date published: Oct 30, 1995

Citations

220 A.D.2d 776 (N.Y. App. Div. 1995)
633 N.Y.S.2d 984