Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE v. CUSICK

Appellate Division of the Supreme Court of New York, Second Department.
May 13, 1985

Judgments affirmed.

By pleading guilty defendant has waived his claim that he was not brought to trial within the 180-day statutory limit of the Agreement on Detainers (CPL 580.20 [III] [a]). The rights afforded by the Agreement on Detainers are neither fundamental nor constitutionally guaranteed ( United States v. Lawson, 736 F.2d 835; United States v. Scheer, 729 F.2d 164; United States v Palmer, 574 F.2d 164, cert denied 437 U.S. 907) and a violation of the procedural rules contained therein is not a jurisdictional defect which may survive a guilty plea ( People v. Vidal, 85 A.D.2d 701). Nor do the circumstances demonstrate a violation of defendant's constitutional right to a speedy trial (CPL 30.20; People v. Taranovich, 37 N.Y.2d 442). Mollen, P.J., Mangano, Gibbons and Bracken, JJ., concur.