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People v. Ruiz

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1985
107 A.D.2d 770 (N.Y. App. Div. 1985)

Opinion

January 22, 1985

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


Judgment affirmed.

Defendant was arrested on December 17, 1982 in connection with a robbery at a private residence. Although the court ordered a Huntley hearing on his motion to suppress certain allegedly coerced statements, defendant entered a plea of guilty on October 11, 1983, prior to the hearing and decision on that motion. He thus failed to preserve the suppression issue for appellate review ( People v. Corti, 88 A.D.2d 345, 347). Defendant also urges for the first time on appeal that the 11-month delay between his arrest and his guilty plea violated his right to a speedy trial. This issue was waived by defendant's failure to raise it in the court of first instance ( People v. Jordan, 62 N.Y.2d 825; People v. Adams, 38 N.Y.2d 605, 607), and in any event, is without merit. Further, with respect to the plea allocution, the record discloses that the guilty plea was not produced by coercion or duress, but was a knowing, voluntary, and intelligent relinquishment of rights ( People v. Harris, 61 N.Y.2d 9). Titone, J.P., Mangano, Weinstein and Brown, JJ., concur.


Summaries of

People v. Ruiz

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1985
107 A.D.2d 770 (N.Y. App. Div. 1985)
Case details for

People v. Ruiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE RUIZ, Appellant

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

Date published: Jan 22, 1985

Citations

107 A.D.2d 770 (N.Y. App. Div. 1985)

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