People v. Velez

1 Citing case

  1. People v. Penna

    203 A.D.2d 392 (N.Y. App. Div. 1994)   Cited 9 times

    Ordered that the judgment is affirmed. It is well-settled that a plea of guilty forfeits the right to appellate review of the denial of a motion to dismiss the indictment for violation of the statutory right to a speedy trial (People v O'Brien, 56 N.Y.2d 1009; People v Friscia, 51 N.Y.2d 845; People v Velez, 179 A.D.2d 834; People v Wade, 139 A.D.2d 610; People v Jackson, 178 A.D.2d 305). Therefore, regardless of whether the defendant consented to his attorney's waiver of the statutory time period, his subsequent plea of guilty operated to waive any claim he may have had to seek dismissal of the action based upon the People's alleged violation of CPL 30.30.