People v. Llorems

Cyrus R. Vance, Jr., District Attorney, New York (Gina Mignola of counsel), for respondent.

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered August 13, 2012, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 11 years, unanimously affirmed.

Defendant's guilty plea forecloses review of his statutory speedy trial claim (see People v. O'Brien, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354 [1982] ). Although a constitutional speedy trial claim survives a guilty plea, defendant's motion made only a perfunctory reference to the constitutional right to a speedy trial, and relied exclusively on CPL 30.30. Accordingly,

defendant did not preserve his constitutional claim (see People v. Hazel, 298 A.D.2d 216, 748 N.Y.S.2d 250 [1st Dept.2002], lv. denied 99 N.Y.2d 559, 754 N.Y.S.2d 211, 784 N.E.2d 84 [2002] ) and we decline to review it in the interest of justice. As an alternative holding, we find, after considering the factors set forth in People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303 (1975), that defendant was not deprived of a speedy trial.

FRIEDMAN, J.P., ACOSTA, RENWICK, ANDRIAS, MOSKOWITZ, JJ., concur.