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People v. Perez

Appellate Division of the Supreme Court of New York, Second Department
May 13, 2008
51 A.D.3d 824 (N.Y. App. Div. 2008)

Opinion

No. 2007-04002.

May 13, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.), rendered April 26, 2007, convicting him of burglary in the second degree and grand larceny in the second degree, upon his plea of guilty, and imposing sentence.

Alan Katz, Garden City, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll and Jason R. Richards of counsel), for respondent.

Before: Skelos, J.P., Santucci, Covello, McCarthy and Chambers, JJ.


Ordered that the judgment is affirmed.

By pleading guilty, the defendant forfeited his right to review of his claim that he was deprived of a speedy trial under CPL 30.30 ( see People v O'Brien, 56 NY2d 1009, 1010). Moreover, the defendant could not validly reserve his right to obtain appellate review of his statutory speedy trial claim by obtaining, when he entered his plea, the consent of the prosecutor and the approval of the court ( see People v O'Brien, 56 NY2d at 1010; People v Douglas, 46 AD3d 698).


Summaries of

People v. Perez

Appellate Division of the Supreme Court of New York, Second Department
May 13, 2008
51 A.D.3d 824 (N.Y. App. Div. 2008)
Case details for

People v. Perez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDUARDO PEREZ…

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

Date published: May 13, 2008

Citations

51 A.D.3d 824 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4549
856 N.Y.S.2d 862

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