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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY ERVIN, Appellant.

Ordered that the judgment is affirmed.

By pleading guilty, the defendant forfeited his right to claim that he was denied a speedy trial under CPL 30.30 (see, People v O'Brien, 56 N.Y.2d 1009; People v. Howe, 56 N.Y.2d 622; People v Suarez, 55 N.Y.2d 940). Moreover, by failing to move to withdraw his plea prior to sentencing, the defendant failed to preserve the issue for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636).

The defendant's constitutional speedy trial claim is likewise without merit (see, People v. Taranovich, 37 N.Y.2d 442). Thompson, J.P., Niehoff, Weinstein and Spatt, JJ., concur.

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PEOPLE v. ERVIN
(Dec 8, 1986)