People v. Allen

XAVIER AND ASSOCIATES, P.C., ALBANY (MICHAEL C. VISCOSI OF COUNSEL), FOR DEFENDANT–APPELLANT.

JON E. BUDELMANN, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, CARNI, AND DEJOSEPH, JJ.

MEMORANDUM AND ORDER

Memorandum:

Defendant appeals from a judgment convicting him, upon his plea of guilty, of driving while intoxicated ( Vehicle and Traffic Law § 1192[3] ). Contrary to defendant's contention, by pleading guilty, he forfeited his right to claim that he was deprived of a speedy trial under CPL 30.30 (see People v. Walter, 138 A.D.3d 1479, 1479, 30 N.Y.S.3d 459 [4th Dept. 2016], lv denied 27 N.Y.3d 1141, 39 N.Y.S.3d 123, 61 N.E.3d 522 [2016] ). Defendant could not validly reserve his right to appellate review of his statutory speedy trial claim "by obtaining the consent of the prosecutor and the approval of [County Court] at the time the plea [was] entered" ( People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354 [1982] ; see People v. Perez, 51 A.D.3d 824, 824, 856 N.Y.S.2d 862 [2d Dept. 2008], lv denied 11 N.Y.3d 740, 864 N.Y.S.2d 398, 894 N.E.2d 662 [2008] ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.