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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL C. MONTANUS, Appellant.

Judgment unanimously affirmed. Memorandum: When defendant entered a plea of guilty, he forfeited his right to claim that he was deprived of a speedy trial pursuant to CPL 30.30 ( People v Suarez, 55 N.Y.2d 940; People v Friscia, 51 N.Y.2d 845). Defendant's attempt to preserve that issue for review by obtaining the consent of the District Attorney and the approval of the court is of no avail (see People v O'Brien, 56 N.Y.2d 1009, 1010; People v Howe, 56 N.Y.2d 622). Our determination, however, is without prejudice to a postjudgment application by defendant, if he be so advised, challenging the knowing nature of his guilty plea (see People v O'Brien, 84 A.D.2d 567, 568, affd 56 N.Y.2d 1009, supra).

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PEOPLE v. MONTANUS
(Nov 9, 1982)