New York Court of Appeals, 1980

People v. Friscia

New York Court of Appeals · Decided October 16, 1980 · Cooke, Fuchsberg, Gabrielli, Jasen, Jones, Meyer, Wachtler

51 N.Y.2d 845; 413 N.E.2d 1168; 433 N.Y.S.2d 754; 1980 N.Y. LEXIS 2696

Cases that cite this one

101 later published cases cite this decision. The 25 that cite it most often are listed here.

Cross v. Perez (District Court, E.D. New York 2011)
People v. Fay (Appellate Division of the Supreme Court of New York 2017)
People v. Rozell (Appellate Division of the Supreme Court of New York 1990)
People v. Amendolara (New York Supreme Court 1987)
People v. Crown (Appellate Division of the Supreme Court of New York 1986)
Village of Montpelier v. Greeno (Ohio 1986)
People v. Nelson (Appellate Division of the Supreme Court of New York 1981)
People v. Neiss (Appellate Division of the Supreme Court of New York 1981)
People v. O'Brien (Appellate Division of the Supreme Court of New York 1981)
People v. Forbes (Appellate Division of the Supreme Court of New York 2022)
People v. Hernandez (Appellate Division of the Supreme Court of New York 2021)
People v. Harrison (Appellate Division of the Supreme Court of New York 2019)
People v. Carston (Appellate Division of the Supreme Court of New York 2018)
People v. Simpson (Appellate Division of the Supreme Court of New York 2017)
People v. Brandon (Appellate Division of the Supreme Court of New York 2015)
People v. Bediako (Appellate Division of the Supreme Court of New York 2014)
PeoplevStevenson (Appellate Division of the Supreme Court of New York 2014)
People v. Lydecker (Appellate Division of the Supreme Court of New York 2014)
People v. Lydecker (Appellate Division of the Supreme Court of New York 2014)
People v. Stevenson (Appellate Division of the Supreme Court of New York 2014)
People v. Stevenson (Appellate Division of the Supreme Court of New York 2014)
People v. Alexander (N.Y. 2012)
People v. Slingerland (Appellate Division of the Supreme Court of New York 2012)
People v. Slingerland (Appellate Division of the Supreme Court of New York 2012)
People v. Parilla (N.Y. 2007)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant seeks a reversal of his conviction on the ground that he was denied his right to a speedy trial. To the extent that his motion for dismissal of the indictment was based on the failure of the People to be ready for trial in conformity with the prescriptions of CPL 30.30, his plea of guilty operated as a waiver of his statutory right to any dismissal (People v Brothers, 50 NY2d 413, 418). Even in the absence of a waiver, the Appellate Division was warranted in concluding that the period of time to be excluded in consequence of the plea bargaining arrangement extended into December, 1977, thereby reducing the period of the People’s delay in being ready for trial to less than the statutorily prescribed six months.

As to defendant’s claim that he was denied his constitutional right to a speedy trial (CPL 30.20), the proof, which shows a total elapsed time of a few days more than a year, during no part of which was he incarcerated, and seven months of which, it has been found, are attributable not to the People but to defendant’s participation in the plea bargaining arrangement, falls far short of demonstrating constitutional deprivation (People v Taranovich, 37 NY2d 442).

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

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.