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

In satisfaction of a three-count indictment charging defendant with various drug crimes, defendant pleaded guilty in July 2002 to attempted criminal sale of a controlled substance in the third degree. Before he could be sentenced, however, defendant absconded and a bench warrant was issued for his arrest. Defendant was ultimately returned to County Court's jurisdiction in 2004 and sentenced, as a second felony offender and in accordance with the plea agreement, to a prison term of 3 to 6 years. Defendant appeals and we affirm.

Defendant's only contention on appeal is that he was denied his statutory right to a speedy trial ( see CPL 30.30). Upon our review of the record, we find that defendant's knowing, voluntary and intelligent guilty plea operated as a waiver of his right to seek appellate review of this issue ( see People v. Friscia, 51 NY2d 845, 847; People v. Cintron, 7 AD3d 827, 828; People v. Attanasio, 240 AD2d 877, 877-878). Accordingly, the judgment of conviction must be affirmed.

Ordered that the judgment is affirmed.

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PEOPLE v. NEWSOME
(Apr 14, 2005)