People v. Bediako

Jul 2, 2014
2010-07136
Versions:119 A.D.3d 598
987 N.Y.S.2d 895

Ordered that the judgment is affirmed.

Upon consideration of the factors set forth in Barker v Wingo (407 US 514, 530 [1972]) and People v Taranovich (37 NY2d 442, 445 [1975]), we find that the defendant was not deprived of his constitutional right to a speedy trial. Further, by pleading guilty, the defendant forfeited his claim that his statutory right to a speedy trial was violated (see People v O‘Brien, 56 NY2d 1009, 1010 [1982]; People v Howe, 56 NY2d 622, 624 [1982]; People v Clary, 52 NY2d 1023 [1981]; People v Thill, 52 NY2d 1020, 1021 [1981]; People v Friscia, 51 NY2d 845, 847 [1980]).

In addition, the Supreme Court did not improvidently exercise its discretion in denying the defendant‘s application to withdraw his plea of guilty (see CPL 220.60 [3]), as the record supports a finding that his plea was entered knowingly, voluntarily, and intelligently (see People v Tyrell, 22 NY3d 359, 365 [2013]; People v Haffiz, 19 NY3d 883, 884 [2012]; People v Fiumefreddo, 82 NY2d 536, 543 [1993]; People v Lopez, 71 NY2d 662, 666 [1988]). Skelos, J.P., Dillon, Roman and Maltese, JJ., concur.