People v. O'Brien

N.Y.

Court: New York Court of Appeals

Citations: 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354, 1982 N.Y. LEXIS 3560

Decision Date: 6/23/1982

Jurisdiction: NY

Bluebook Citation: People v. O'Brien, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354, 1982 N.Y. LEXIS 3560 (1982)

More Cases: N.Y. decisions from 1982

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N.Y. App. Div.140

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Cites 2 cases

People v. Suarez
People v. Di Raffaele

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Opinion

The People of the State of New York, Respondent, v Anthony O’Brien, Appellant.

Attorneys

APPEARANCES OF COUNSEL
Robert S. Dean and William E. Hellerstein for appellant.
John J. Santucci, District Attorney (Deborah Carlin Stevens of counsel), for respondent.

majority

Memorandum.

The order of the Appellate Division should be affirmed.

When defendant entered a plea of guilty he forfeited his right to claim that he was deprived of a speedy trial under CPL 30.30 (People v Suarez, 55 NY2d 940). Nor may defendant preserve his statutory speedy trial claim for appellate review by obtaining the consent of the prosecutor and the approval of the court at the time the plea is entered (People v Di Raffaele, 55 NY2d 234).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.