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PEOPLE v. ERVIN
Appellate Division of the Supreme Court of New York, Second Department.
Dec 8, 1986
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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