Appellate Division of the Supreme Court of New York, 2003

People v. Mallette

People v. Mallette
Appellate Division of the Supreme Court of New York · Decided June 13, 2003
306 A.D.2d 944; 761 N.Y.S.2d 918; 2003 N.Y. App. Div. LEXIS 6897
People v. Mallette

Opinion of the Court

—Appeal from a judgment of Jefferson County Court (Martusewicz, J.), entered September 24, 2001, convicting defendant upon his plea of guilty of burglary in the third degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

*945Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree (Penal Law § 140.20). By pleading guilty, defendant forfeited his claim that he was denied his statutory right to a speedy trial (see CPL 30.30; People v O’Brien, 56 NY2d 1009, 1010 [1982]; People v Jones, 300 AD2d 1057 [2002]; People v Dewitt, 295 AD2d 937, 938 [2002], lv denied 98 NY2d 709, 767 [2002]). The sentence is neither unduly harsh nor severe. Present— Wisner, J.P., Scudder, Kehoe, Gorski and Hayes, JJ.

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