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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH T. GEE, Appellant.

Casey, J.

Defendant contends that his right to a speedy trial was violated; however, he forfeited his statutory speedy trial claim by his guilty plea (see, People v. O'Brien, 56 N.Y.2d 1009). Further, considering the factors set forth in People v. Taranovich ( 37 N.Y.2d 442, 445), we find no violation of defendant's constitutional right to a speedy trial in the nine-month delay between County Court's order for an in camera inspection of the Grand Jury minutes and its decision based on that inspection. There is also no merit to defendant's contention that his sentence of 3 to 6 years, the most lenient sentence possible in view of his criminal history and the crime to which he entered his guilty plea, is harsh and excessive or an abuse of discretion.

Judgment affirmed. Kane, J.P., Casey, Levine, Mercure and Harvey, JJ., concur.

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PEOPLE v. GEE
(Dec 20, 1990)