People v. Nelson
Cases that cite this one
5 later published cases cite this decision.
- People v. Zak (Appellate Division of the Supreme Court of New York 1997)
- People v. McCarthy (Appellate Division of the Supreme Court of New York 1984)
- People v. Nelson (Appellate Division of the Supreme Court of New York 1981)
- People v. Zogby (Appellate Division of the Supreme Court of New York 1981)
- People v. Howe (Appellate Division of the Supreme Court of New York 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant seeks a reversal of his conviction on the ground that he was denied his right to a speedy trial pursuant to CPL 30.20, 30.30 and 580.20 (agreement on detainers). We find his plea of guilty operated as a waiver of his right to dismissal (People v Friscia, 51 NY2d 845; People v Scott, 79 AD2d 885). Although the Court of Appeals in People v Friscia (supra) suggested that the waiver of statutory speedy trial claims (CPL 30.30) and constitutional speedy trial claims (CPL 30.20) may be viewed differently, it is clear that a defendant may waive his constitutional claim (People v White, 32 NY2d 393,399; People v Cranmer, 55 AD2d 786; People v White, 33 AD2d 217, 221), and we hold that defendant by his plea waived here on all grounds. Even in the absence of waiver, however, we conclude that defendant has failed to support his claim on either a statutory or constitutional ground. (Appeal from judgment of Erie Supreme Court — attempted promoting prostitution, third degree.) Present — Simons, J. P., Hancock, Jr., Schnepp, Callahan and Doerr, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.