People v. Friscia
| Decision Date | 16 October 1980 |
| Citation | 51 N.Y.2d 845,433 N.Y.S.2d 754,413 N.E.2d 1168 |
| Parties | , 413 N.E.2d 1168 The PEOPLE of the State of New York, Respondent, v. Robert FRISCIA, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 73 A.D.2d 702, 422 N.Y.S.2d 538 should be affirmed.
Defendant seeks a reversal of his conviction on the ground that he was denied his right to a speedy trial. To the extent that his motion for dismissal of the indictment was based on the failure of the People to be ready for trial in conformity with the prescription of CPL 30.30, his plea of guilty operated as a waiver of his statutory right to any dismissal (People v. Brothers, 50 N.Y.2d 413, 418, 429 N.Y.S.2d 558, 407 N.E.2d 405). Even in the absence of a waiver, the Appellate Division was warranted in concluding that the period of time to be excluded in consequence of the plea bargaining arrangement extended into December, 1977, thereby reducing the period of the People's delay in being ready for trial to less than the statutorily prescribed six months.
As to defendant's claim that he was denied his constitutional right to a speedy trial (CPL 30.20), the proof, which shows a total elapsed time of a few days more than a year, during no part of which was he incarcerated, and seven months of which, it has been found, are attributable not to the People but to defendant's participation in the plea bargaining arrangement, falls far short of demonstrating constitutional deprivation (People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 335 N.E.2d 303).
Order affirmed in a memorandum.
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...not be attributable to the People. (See, People v. Friscia, 73 A.D.2d 702, 422 N.Y.S.2d 538 [3d Dept., 1979], aff'd 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N.E.2d 1168.) In light of the resolution of defendant's motion on other grounds, an apportioning of this period to plea bargaining at defe......
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...184 of the Laws of 1972 were intended to create more enforceable requirements along these lines] ). In People v. Friscia, 51 N.Y.2d 845, 847, 433 N.Y.S.2d 754, 413 N.E.2d 1168 (1980), we decided that a guilty plea operates as a waiver of the statutory right to dismissal under CPL 30.30 (cit......
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...no conclusive proof that the defendant's statutory or constitutional speedy trial rights were violated (cf., People v. Friscia, 51 N.Y.2d 845, 433 N.Y.S.2d 754, 413 N.E.2d 1168). The defendant also argues, on appeal, that dismissal of the indictment is necessary because the prosecution fail......