From Casetext: Smarter Legal Research

People v. McDonald

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1994
206 A.D.2d 562 (N.Y. App. Div. 1994)

Opinion

July 7, 1994

Appeal from the County Court of Albany County (Keegan, J.).


Defendant's guilty plea, which included a valid waiver of his right to appeal, precludes him from raising any issues pertaining to an alleged violation of CPL 30.30. As to his claim that he was denied his constitutional right to a speedy trial, much of the delay in bringing defendant to trial was caused by defendant's motion practice and the replacement of defense counsel, with the remainder occasioned by court and calendar congestion. In addition, defendant has not identified any specific prejudice caused by the delay. Consequently, we find upon balancing the relevant factors that defendant was not denied his constitutional right to a speedy trial in this case.

Cardona, P.J., Mikoll, Crew III, White and Casey, JJ., concur. Ordered that the judgment is affirmed.


Summaries of

People v. McDonald

Appellate Division of the Supreme Court of New York, Third Department
Jul 7, 1994
206 A.D.2d 562 (N.Y. App. Div. 1994)
Case details for

People v. McDonald

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GIDEON McDONALD…

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

Date published: Jul 7, 1994

Citations

206 A.D.2d 562 (N.Y. App. Div. 1994)
615 N.Y.S.2d 1012

Citing Cases

People v. Jarvis

On appeal, defendant continues to assert that the indictment should be dismissed on statutory speedy trial…