People v. O'Brien

Jun 23, 1982
Versions:56 N.Y.2d 1009
439 N.E.2d 354
453 N.Y.S.2d 638
1982 N.Y. LEXIS 3560

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

When defendant entered a plea of guilty he forfeited his right to claim that he was deprived of a speedy trial under CPL 30.30 (People v Suarez, 55 NY2d 940). Nor may defendant preserve his statutory speedy trial claim for appellate review by obtaining the consent of the prosecutor and the approval of the court at the time the plea is entered (People v Di Raffaele, 55 NY2d 234).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.