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PEOPLE v. KAY

Appellate Division of the Supreme Court of New York, Second Department.
Apr 28, 1986

Judgment affirmed.

By not moving to withdraw his guilty plea in the court of first instance, the defendant has failed to preserve for appellate review any issue of law as to the alleged insufficiency in the plea allocution (see, People v. Pellegrino, 60 N.Y.2d 636).

By his guilty plea, the defendant effectively waived any claim that he was deprived of his statutory right to a speedy trial pursuant to CPL 30.30 (see, People v. Thill, 52 N.Y.2d 1020; People v. Friscia, 51 N.Y.2d 845; People v. Walker, 109 A.D.2d 858). Furthermore, it does not appear that the court erred in rejecting the defendant's constitutionally based speedy-trial claim (People v. Taranovich, 37 N.Y.2d 442). Lazer, J.P., Mangano, Gibbons and Bracken, JJ., concur.