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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 2000
271 A.D.2d 703 (N.Y. App. Div. 2000)

Opinion

Submitted March 13, 2000.

April 24, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered March 3, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

Kevin M. Callaghan, White Plains, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Karen D. Herbert, Mary E. Costello, and Richard Longworth Hecht of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, SONDRA MILLER, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's plea of guilty resulted in the forfeiture of his right to appellate review of that branch of his omnibus motion which was to dismiss the indictment based upon an alleged violation of CPL 30.30 (see, People v. O'Brien, 56 N.Y.2d 1009 ;People v. Suarez, 55 N.Y.2d 940 ). Review of that issue is also precluded by the defendant's express waiver of his right to appeal which was part of his plea agreement (see, People v. Cabrera, 254 A.D.2d 366 ; People v. Grandberry, 223 A.D.2d 723 ).

Upon our review of the appropriate factors (see, People v. Taranovich, 37 N.Y.2d 442 ), we find that the defendant's constitutional right to a speedy trial was not compromised (see,People v. Robinson, 249 A.D.2d 333 ; People v. Allah, 202 A.D.2d 599 ).


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Apr 24, 2000
271 A.D.2d 703 (N.Y. App. Div. 2000)
Case details for

People v. Smith

Case Details

Full title:The People, etc., respondent, v. Charles Smith, appellant. (Ind. No…

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

Date published: Apr 24, 2000

Citations

271 A.D.2d 703 (N.Y. App. Div. 2000)
707 N.Y.S.2d 859

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