Opinion
KA 02-004280
June 13, 2003.
Appeal from a judgment of Jefferson County Court (Martusewicz, J.), entered September 24, 2001, convicting defendant upon his plea of guilty of burglary in the third degree.
JANE G. LA ROCK, WATERTOWN, FOR DEFENDANT-APPELLANT.
CINDY F. INTSCHERT, DISTRICT ATTORNEY, WATERTOWN (ANA PEYA-WALLACE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: WISNER, J.P., SCUDDER, KEHOE, GORSKI, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree (Penal Law 140.20). By pleading guilty, defendant forfeited his claim that he was denied his statutory right to a speedy trial ( see CPL 30.30; People v. O'Brien, 56 N.Y.2d 1009, 1010; People v. Jones, 300 A.D.2d 1057; People v. Dewitt, 295 A.D.2d 937, 938, lv denied 98 N.Y.2d 709, 767). The sentence is neither unduly harsh nor severe.