People v. Ervin
| Decision Date | 08 December 1986 |
| Parties | The PEOPLE, etc., Respondent, v. Gary ERVIN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Selig Rosenzweig, Huntington Station, for appellant.
Patrick Henry, Dist. Atty., Riverhead (Emily Constant, of counsel; Patrick Quinn on brief), for respondent.
Before THOMPSON, J.P., and NIEHOFF, WEINSTEIN and SPATT, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Jaspan, J.), rendered June 3, 1982, convicting him of attempted criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
By pleading guilty, the defendant forfeited his right to claim that he was denied a speedy trial under CPL 30.30 (see, People v. O'Brien, 56 N.Y.2d 1009, 453 N.Y.S.2d 638, 439 N.E.2d 354; People v. Howe, 56 N.Y.2d 622, 450 N.Y.S.2d 477, 435 N.E.2d 1092; People v. Suarez, 55 N.Y.2d 940, 449 N.Y.S.2d 176, 434 N.E.2d 245). Moreover, by failing to move to withdraw his plea prior to sentencing, the defendant failed to preserve the issue for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938).
The defendant's constitutional speedy trial claim is likewise without merit (see, People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303).
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