People v. Brown
| Decision Date | 16 July 1981 |
| Citation | 83 A.D.2d 699,442 N.Y.S.2d 284 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Thomas G. BROWN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Robert J. Krzys, Amsterdam, for appellant.
Howard M. Aison, Montgomery County Dist. Atty., Amsterdam (Karen F. McGee, New York City, of counsel), for respondent.
Before MAHONEY, P. J., and SWEENEY, KANE, CASEY and WEISS, JJ.
Appeal from a judgment of the County Court of Montgomery County, rendered September 8, 1980, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the second degree.
Defendant was arrested without a warrant on August 2, 1979 based on information gathered by the New York State Police in the course of investigating a residential burglary and larceny committed in the Town of Minden, Montgomery County. He was immediately transported to a State Police substation in Fonda, New York and, after being advised of his Miranda rights, was interrogated about his participation in this incident. The questioning produced inculpatory answers which were reduced to a narrative form of confession. Defendant signed this written statement and the instant criminal action was thereafter commenced. On July 1, 1980, following the denial of his motion to suppress the confession, defendant pleaded guilty to the crime of criminal possession of stolen property in the second degree in full satisfaction of the charges against him and was later sentenced to a period of incarceration as a second felony offender. This appeal ensued.
We reject defendant's assertion that he was denied a speedy trial. His plea of guilty, the relatively brief period of delay, and the failure to develop an indication his defense was impaired, serve to eliminate any valid statutory or constitutional ground for such a complaint (People v. Clary, 52 N.Y.2d 1023, 438 N.Y.S.2d 298, 420 N.E.2d 96 (1981); People v. Thill, 52 N.Y.2d 1020, 438 N.Y.S.2d 297, 420 N.E.2d 95 (1981); People v. Friscia, 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N.E.2d 1168; People v. Dean, 45 N.Y.2d 651, 412 N.Y.S.2d 353, 384 N.E.2d 1277). We are further agreed that the trial court properly refused to suppress defendant's confession.
Assuming good cause to excuse compliance with the 15-day notice requirement of CPL 710.30 (subd. 2) was not shown by the prosecution, the fact remains that such notice was given before trial and there was no suggestion that a violation of the time standard frustrated the statutory purpose by impeding defendant's ability to adequately prepare his challenge to the voluntariness of the written statement (cf. People v. Briggs, 38 N.Y.2d 319, 379 N.Y.S.2d 779, 342 N.E.2d 557; People v. Iveys, 67 A.D.2d 349, 415 N.Y.S.2d 539). Next, testimony developed at the Huntley hearing established...
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