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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL E. STANTON, Appellant.

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

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31). The valid waiver by defendant of the right to appeal encompasses his contention concerning the severity of the sentence (see People v Lococo, 92 NY2d 825, 827). Although the further contention of defendant that he was denied his constitutional right to a speedy trial survives both the waiver of the right to appeal and the guilty plea (see People v Campbell, 97 NY2d 532, 535; People v Taylor, 65 NY2d 1, 5), that contention is lacking in merit (see generally People v Taranovich, 37 NY2d 442, 444-445).

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PEOPLE v. STANTON
(Jul 7, 2006)