Opinion
No. 570698/17
11-11-2024
The People of the State of New York, Respondent, v. Chad Selph, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Brigantti, James, JJ.
PER CURIAM
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Lyle E. Frank, J., at speedy trial motion; Curtis Farber, J., at plea and sentencing), rendered October 3, 2017, convicting him, upon his plea of guilty, of driving while intoxicated, and imposing sentence.
Judgment of conviction (Lyle E. Frank, J., at speedy trial motion; Curtis Farber, J., at plea and sentencing), rendered October 3, 2017, affirmed.
Defendant forfeited review of his speedy trial claim by pleading guilty (see People v Suarez, 55 N.Y.2d 940, 942 [1982]; People v Joyce, 226 A.D.3d 541 [2024], lv denied 41 N.Y.3d 1019 [2024]). The current version of CPL 30.30(6), which permits defendants who pleaded guilty to raise statutory speedy trial claims on appeal, became effective after defendant was convicted and does not apply retroactively (see People v Rodriguez, 216 A.D.3d 436 [2023], lv denied 40 N.Y.3d 999 [2023]; People v Lara-Medina, 195 A.D.3d 542 [2021], lv denied 37 N.Y.3d 993 [2021]).
In any event, defendant did not preserve his statutory speedy trial claim, and we decline to review it in the interest of justice. Defendant made a generalized CPL 30.30 motion merely asserting the People's lack of readiness on various dates, and did not, by way of a reply or otherwise, challenge the People's specifically claimed exclusions (see People v Allard, 28 N.Y.3d 41, 46-47 [2016]; People v Winston, 177 A.D.3d 524 [2019], lv denied 34 N.Y.3d 1164 [2020]). Nor did defendant make any specific assertions raising factual disputes that would require a hearing (see People v Rosa, 164 A.D.3d 1182, 1183 [2018], lv denied 32 N.Y.3d 1114 [2018]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.