People v. Bediako

• Decision Date: 02 July 2014
• Citation: 987 N.Y.S.2d 895,119 A.D.3d 598,2014 N.Y. Slip Op. 04952
• Parties: The PEOPLE, etc., respondent, v. Kwardo BEDIAKO, appellant.
• Court: New York Supreme Court — Appellate Division

119 A.D.3d 598
987 N.Y.S.2d 895
2014 N.Y. Slip Op. 04952

The PEOPLE, etc., respondent,
v.
Kwardo BEDIAKO, appellant.

Supreme Court, Appellate Division, Second Department, New York.

July 2, 2014.

Lynn W.L. Fahey, New York, N.Y. (Janet Claire Lê of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered June 24, 2010, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Upon consideration of the factors set forth in Barker v. Wingo, 407 U.S. 514, 530, 92 S.Ct. 2182, 33 L.Ed.2d 101 and People v. Taranovich, 37 N.Y.2d 442, 445, 373 N.Y.S.2d 79, 335 N.E.2d 303, we find that the defendant was not deprived of his constitutional right to a speedy trial. Further, by pleading guilty, the defendant forfeited his claim that his statutory right to a speedy trial was violated ( see People v. O'Brien, 56 N.Y.2d 1009, 1010, 453 N.Y.S.2d 638, 439 N.E.2d 354;People v. Howe, 56 N.Y.2d 622, 624, 450 N.Y.S.2d 477, 435 N.E.2d 1092;People v. Clary, 52 N.Y.2d 1023, 438 N.Y.S.2d 298, 420 N.E.2d 96;People v. Thill, 52 N.Y.2d 1020, 1021, 438 N.Y.S.2d 297, 420 N.E.2d 95;People v. Friscia, 51 N.Y.2d 845, 847, 433 N.Y.S.2d 754, 413 N.E.2d 1168).

In addition, the Supreme Court did not improvidently exercise its discretion in denying the defendant's application to withdraw his plea of guilty ( seeCPL 220.60[3] ), as the record supports a finding that his plea was entered knowingly, voluntarily, and intelligently ( see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346;People v. Haffiz, 19 N.Y.3d 883, 884, 951 N.Y.S.2d 690, 976 N.E.2d 216;People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5).

SKELOS, J.P., DILLON, ROMAN and MALTESE, JJ., concur.