Appellate Division of the Supreme Court of New York, 1983

People v. Ventimiglia

People v. Ventimiglia
Appellate Division of the Supreme Court of New York · Decided January 31, 1983
91 A.D.2d 1075; 458 N.Y.S.2d 897; 1983 N.Y. App. Div. LEXIS 16421
People v. Ventimiglia

Opinion of the Court

— Appeal by defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered July 2, 1982, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence. Judgment affirmed, and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). We find that defendant was not denied his due process right to a speedy trial (CPL 30.20; People v Taranovich, 37 NY2d 442). Furthermore, by entering a plea of guilty defendant forfeited his right to claim that he was deprived of his statutory right to a speedy trial (People v O’Brien, 84 AD2d 567, affd 56 NY2d 1009). Mangano, J. P., O’Connor, Brown and Boyers, JJ., concur.

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