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People v. Mendez

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1999
259 A.D.2d 361 (N.Y. App. Div. 1999)

Opinion

March 18, 1999

Appeal from the Supreme Court, Bronx County (Robert Cohen, J.).


By pleading guilty, defendant waived his statutory speedy trial claim ( People v. O'Brien, 56 N.Y.2d 1009). Since defendant's speedy trial motion, while purportedly raising constitutional issues, failed to address the factors set forth in People v. Taranovich ( 37 N.Y.2d 422) and merely raised statutory issues, his constitutional claim is unpreserved ( People v. Rowe, 244 A.D.2d 295, lv denied 91 N.Y.2d 930), and we decline to review it in the interest of justice. Were we to review this claim, we would reject it (supra).

Concur — Sullivan, J. P., Lerner, Andrias and Saxe, JJ.


Summaries of

People v. Mendez

Appellate Division of the Supreme Court of New York, First Department
Mar 18, 1999
259 A.D.2d 361 (N.Y. App. Div. 1999)
Case details for

People v. Mendez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SERGIO MENDEZ…

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

Date published: Mar 18, 1999

Citations

259 A.D.2d 361 (N.Y. App. Div. 1999)
688 N.Y.S.2d 124

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