Appellate Division of the Supreme Court of New York, 1998

People v. Gonzalez

People v. Gonzalez
Appellate Division of the Supreme Court of New York · Decided September 29, 1998
253 A.D.2d 727; 678 N.Y.S.2d 259
People v. Gonzalez

Opinion of the Court

Judgment, Supreme Court, New York County (Peter Benitez, J.), rendered March 6, 1995, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s guilty plea constituted a forfeiture of his statutory speedy trial claims (see, People v O’Brien, 56 NY2d 1009). Moreover, at the time of his plea, defendant expressly withdrew his speedy trial motion. Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.

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